reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.43 - Injunctions—Drug Nuisances. › 7.43.080 - Order of abatement.

RCW 7.43.080
Order of abatement.
(1) Except as provided in subsection (2) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the final judgment in the case. Plaintiff's costs in the action, including those of abatement, are a lien upon the building or unit within a building. The lien is enforceable and collectible by execution issued by order of the court.
(2) If the court finds and concludes that the owner of the building or unit within a building: (a) Had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance, (b) has not been guilty of any contempt of court in the proceedings, and (c) will immediately abate any such nuisance that may exist at the building or unit within a building and prevent it from being a nuisance within a period of one year thereafter, the court shall, if satisfied of the owner's good faith, order the building or unit within a building to be delivered to the owner, and no order of abatement shall be entered. If an order of abatement has been entered and the owner subsequently meets the requirements of this subsection, the order of abatement shall be canceled.
[ 1988 c 141 § 11.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.43 - Injunctions—Drug Nuisances. › 7.43.090 - Final order of abatement.

RCW 7.43.090
Final order of abatement.
Any final order of abatement issued under this chapter shall:
(1) Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the building or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505;
(2) Provide for the immediate closure of the building or unit within a building against its use for any purpose, and for keeping it closed for a period of one year unless released sooner as provided in this chapter; and
(3) State that while the order of abatement remains in effect the building or unit within a building shall remain in the custody of the court.
[ 1988 c 141 § 12.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.43 - Injunctions—Drug Nuisances. › 7.43.100 - Sale of items subject to forfeiture—Use of proceeds.

RCW 7.43.100
Sale of items subject to forfeiture—Use of proceeds.
In all actions brought under this chapter, the proceeds and all moneys forfeited pursuant to the forfeiture provisions of RCW 69.50.505 shall be applied as follows:
(1) First, to the fees and costs of the removal and sale;
(2) Second, to the allowances and costs of closing and keeping closed the building or unit within a building;
(3) Third, to the payment of the plaintiff's costs in the action; and
(4) Fourth, the balance, if any, to the owner of the property.
If the proceeds of the sale of items subject to seizure and forfeiture do not fully discharge all of the costs, fees, and allowances, the building or unit within a building shall then also be sold under execution issued upon the order of the court, and the proceeds of the sale shall be applied in a like manner.
A building or unit within a building shall not be sold under this section unless the court finds and concludes by clear and convincing evidence that the owner of the building or unit within a building had actual or constructive knowledge or notice of the existence of the nuisance. However, this shall not be construed as limiting or prohibiting the entry of any final order of abatement as provided in this chapter.
[ 1988 c 141 § 13.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.43 - Injunctions—Drug Nuisances. › 7.43.110 - Violation of injunction—Contempt of court.

RCW 7.43.110
Violation of injunction—Contempt of court.
An intentional violation of a restraining order, preliminary injunction, or order of abatement under this chapter is a contempt of court as provided in chapter 7.21 RCW.
[ 1989 c 373 § 9; 1988 c 141 § 14.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.43 - Injunctions—Drug Nuisances. › 7.43.120 - Fine constitutes lien.

RCW 7.43.120
Fine constitutes lien.
Whenever the owner of a building or unit within a building upon which the act or acts constituting the contempt have been committed, or the owner of any interest in the building or unit has been found in contempt of court, and fined in any proceedings under this chapter, the fine is a lien upon the building or unit within a building to the extent of the owner's interest. The lien is enforceable and collectible by execution issued by order of the court.
[ 1989 c 373 § 10; 1988 c 141 § 15.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.43 - Injunctions—Drug Nuisances. › 7.43.130 - Recovery of damages not precluded.

RCW 7.43.130
Recovery of damages not precluded.
The abatement of a nuisance under this chapter does not prejudice the right of any person to recover damages for its past existence.
[ 1988 c 141 § 16.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.010 - Affidavit for writ.

RCW 7.44.010
Affidavit for writ.
Actions may be commenced upon any agreement in writing before the time for the performance of the contract expires, when the plaintiff or his or her agent shall make and file an affidavit with the clerk of the proper court, that the defendant is about to leave the state without performing or making provisions for the performance of the contract, taking with him or her property, moneys, credits, or effects subject to execution, with intent to defraud plaintiff.
[ 2011 c 336 § 205; Code 1881 § 636; 1877 p 133 § 639; 1869 p 149 § 576; 1854 p 209 § 418; RRS § 778.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.020 - Complaint.

RCW 7.44.020
Complaint.
At the time of filing the affidavit the plaintiff shall also file his or her complaint in the action, and thenceforth the action shall proceed as other actions at law, except as otherwise provided in this chapter.
[ 2011 c 336 § 206; 1891 c 42 (p 81) § 1; Code 1881 § 637; 1877 p 133 § 640; 1869 p 149 § 577; 1854 p 209 § 419; RRS § 779, part: FORMER PARTS OF SECTION: 1891 c 42 § 2 now codified as RCW 7.44.021.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.021 - Arrest and bail—Bond.

RCW 7.44.021
Arrest and bail—Bond.
Upon such affidavit and complaint being filed, the clerk shall issue an order of arrest and bail, directed to the sheriff, which shall be issued, served, and returned in all respects as such orders in other cases; before such order shall issue the plaintiff shall file in the office of the clerk a bond, with sufficient surety, to be approved by the clerk, conditioned that the plaintiff will pay the defendant such damages and costs as he or she shall wrongfully sustain by reason of the action, which surety shall justify as provided by law.
[ 2011 c 336 § 207; 1957 c 51 § 10; 1891 c 42 § 2. Formerly RCW 7.44.020, part.]
NOTES:
Corporate surety—Insurance: Chapter 48.28 RCW.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.030 - Recognizance of defendant.

RCW 7.44.030
Recognizance of defendant.
The sheriff shall require the defendant to enter into a bond, with sufficient surety, personally to appear within the time allowed by law for answering the complaint, and to abide the order of the court; and in default thereof the defendant shall be committed to prison until discharged in due course of law; such special bail shall be liable for the principal, and shall have a right to arrest and deliver him or her up, as in other cases, and the defendant may give other bail.
[ 2011 c 336 § 208; 1891 c 42 § 3; Code 1881 § 638; 1877 p 133 § 641; 1869 p 149 § 578; 1854 p 209 § 420; RRS § 780, part. FORMER PARTS OF SECTION: Code 1881 § 639; 1877 p 133 § 642; 1869 p 150 § 579; 1854 p 209 § 421 now codified as RCW 7.44.031.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.031 - Recognizance of defendant—Discharge by securing performance.

RCW 7.44.031
Recognizance of defendant—Discharge by securing performance.
Instead of giving special bail, as above provided, the defendant shall be entitled to his or her discharge from custody if he or she will secure the performance of the contract to the satisfaction of the plaintiff.
[ 2011 c 336 § 209; Code 1881 § 639; 1877 p 133 § 642; 1869 p 150 § 579; 1854 p 209 § 421; RRS § 780, part. Formerly RCW 7.44.030, part.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.040 - Subrogation of surety—Rights of contractor.

RCW 7.44.040
Subrogation of surety—Rights of contractor.
This proceeding may be had in favor of any surety or other person jointly bound with the defendant. It may also be prosecuted by the person in whose favor the contract exists, against any one or more of the persons bound thereby, upon filing such affidavit, when the co-contractors are nonresidents or probably insolvent, or at the request of any of them when they are residents and solvent.
[Code 1881 § 640; 1877 p 133 § 643; 1869 p 150 § 580; 1854 p 210 § 422; RRS § 781.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.050 - Habeas corpus available to defendant.

RCW 7.44.050
Habeas corpus available to defendant.
The defendant may have the same remedy by writ of habeas corpus as in other cases of arrest and bail.
[Code 1881 § 641; 1877 p 134 § 644; 1869 p 150 § 581; 1854 p 210 § 423; RRS § 782.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.060 - District judges have jurisdiction.

RCW 7.44.060
District judges have jurisdiction.
The proceedings provided for in this chapter may be had before district judges in all cases within their jurisdiction.
[ 1987 c 202 § 135; 1891 c 42 § 4; Code 1881 § 642; 1877 p 134 § 644; 1869 p 150 § 582; 1854 p 210 § 424; RRS § 783.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.44 - Ne Exeat. › 7.44.070 - Venue.

RCW 7.44.070
Venue.
The affidavit and bond may be filed, and proceedings had in any county where the defendants may be found.
[Code 1881 § 643; 1877 p 134 § 646; 1869 p 150 § 583; 1854 p 210 § 425; RRS § 784.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.010 - Actionable nuisance defined.

RCW 7.48.010
Actionable nuisance defined.
The obstruction of any highway or the closing of the channel of any stream used for boating or rafting logs, lumber or timber, or whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property, is a nuisance and the subject of an action for damages and other and further relief.
[Code 1881 § 605; 1877 p 126 § 610; 1869 p 144 § 599; 1854 p 207 § 405; RRS § 943.]
NOTES:
Crimes
malicious mischief: Chapter 9.61 RCW.
public nuisance: RCW 9.66.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.020 - Who may sue—Judgment for damages—Warrant for abatement—Injunction.

RCW 7.48.020
Who may sue—Judgment for damages—Warrant for abatement—Injunction.
Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened by the nuisance. If judgment be given for the plaintiff in such action, he or she may, in addition to the execution to enforce the same, on motion, have an order allowing a warrant to issue to the sheriff to abate and to deter or prevent the resumption of such nuisance. Such motion shall be allowed, of course, unless it appear on the hearing that the nuisance has ceased, or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may have the defendant enjoined.
[ 1994 c 45 § 5; 1891 c 50 § 1; Code 1881 § 606; 1877 p 126 § 611; 1869 p 144 § 560; 1854 p 207 § 406; RRS § 944.]
NOTES:
Findings—Declaration—Severability—1994 c 45: See notes following RCW 7.48.140.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.030 - Issuance and execution of warrant.

RCW 7.48.030
Issuance and execution of warrant.
If the order be made, the clerk shall thereafter, at any time within six months, when requested by the plaintiff, issue such warrant directed to the sheriff, requiring him or her forthwith to abate the nuisance at the expense of the defendant, and return the warrant as soon thereafter as may be, with his or her proceedings indorsed thereon. The expenses of abating the nuisance may be levied by the sheriff on the property of the defendant, and in this respect the warrant is to be deemed an execution against property.
[ 2011 c 336 § 210; Code 1881 § 607; 1877 p 126 § 612; 1869 p 145 § 561; 1854 p 207 § 407; RRS § 945.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.040 - Stay of issuance of warrant.

RCW 7.48.040
Stay of issuance of warrant.
At any time before the order is made or the warrant issues, the defendant may, on motion to the court or judge thereof, have an order to stay the issue of such warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance himself or herself, upon his or her giving bond to the plaintiff in a sufficient amount with one or more sureties, to the satisfaction of the court or judge thereof, that he or she will abate it within the time and in the manner specified in such order. The sureties shall justify as provided by law. If the defendant fails to abate such nuisance within the time specified, the warrant for the abatement of the nuisance may issue as if the same had not been stayed.
[ 2011 c 336 § 211; 1957 c 51 § 11; Code 1881 § 608; 1877 p 127 § 613; 1869 p 145 § 562; RRS § 946.]
NOTES:
Corporate surety—Insurance: Chapter 48.28 RCW.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.110 - Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement.

RCW 7.48.110
Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement.
If the owner of the building in which a nuisance is found to be maintained, appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the clerk in the full value of the property to be ascertained by the court, conditioned that he or she will immediately abate said nuisance and prevent the same from being established or kept therein within a period of one year thereafter, the court or judge may, if satisfied of his or her good faith, order the premises, closed under the order of abatement, to be delivered to said owner, and said order closing the building canceled. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.
[ 2011 c 336 § 217; 1927 c 94 § 3; 1913 c 127 § 7; RRS § 946-7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.120 - Nuisance defined.

RCW 7.48.120
Nuisance defined.
Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
[Code 1881 § 1235; 1875 p 79 § 1; RRS § 9914.]
NOTES:
Crimes
malicious mischief: Chapter 9.61 RCW.
nuisances: Chapter 9.66 RCW.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.130 - Public nuisance defined.

RCW 7.48.130
Public nuisance defined.
A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
[Code 1881 § 1236; 1875 p 79 § 2; RRS § 9912.]
NOTES:
Crimes, nuisances: Chapter 9.66 RCW.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.150 - Private nuisance defined.

RCW 7.48.150
Private nuisance defined.
Every nuisance not included in the definition of RCW 7.48.130 is private.
[Code 1881 § 1237; 1875 p 79 § 3; RRS § 9915.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.155 - Unlawful use of firearm or deadly weapon—Arrest required.

RCW 7.48.155
Unlawful use of firearm or deadly weapon—Arrest required.
The unlawful use of a firearm or other deadly weapon by a person in, or adjacent to his or her dwelling, that imminently threatens the physical safety of other people in the adjacent area, so as to essentially interfere with the comfortable enjoyment of their residences, is a nuisance and may be abated, and the person who unlawfully used the firearm or deadly weapon is subject to the punishment provided in this chapter. This section does not apply unless the person who unlawfully used the firearm or other deadly weapon is arrested for this activity.
[ 1992 c 38 § 10.]
NOTES:
Intent—Effective date—1992 c 38: See notes following RCW 59.18.352.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.160 - Authorized act not a nuisance.

RCW 7.48.160
Authorized act not a nuisance.
Nothing which is done or maintained under the express authority of a statute, can be deemed a nuisance.
[Code 1881 § 1238; 1875 p 79 § 4; RRS § 9916.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.170 - Successive owners liable.

RCW 7.48.170
Successive owners liable.
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property caused by a former owner, is liable therefor in the same manner as the one who first created it.
[Code 1881 § 1239; 1875 p 79 § 5; RRS § 9917.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.180 - Abatement does not preclude action for damages.

RCW 7.48.180
Abatement does not preclude action for damages.
The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
[Code 1881 § 1240; 1875 p 79 § 6; RRS § 9918.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.190 - Nuisance does not become legal by prescription.

RCW 7.48.190
Nuisance does not become legal by prescription.
No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
[Code 1881 § 1241; 1875 p 80 § 7; RRS § 9919.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.200 - Remedies.

RCW 7.48.200
Remedies.
The remedies against a public nuisance are: Indictment or information, a civil action, or abatement. The remedy by indictment or information shall be as regulated and prescribed in this chapter. When a civil action for damage is resorted to, the practice shall conform to RCW 7.48.010 through 7.48.040.
[ 1957 c 51 § 12; Code 1881 § 1242; 1875 p 80 § 8; RRS § 9920.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.210 - Civil action, who may maintain.

RCW 7.48.210
Civil action, who may maintain.
A private person may maintain a civil action for a public nuisance, if it is specially injurious to himself or herself but not otherwise.
[ 2011 c 336 § 218; Code 1881 § 1243; 1875 p 80 § 9; RRS § 9921.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.220 - Abatement, by whom.

RCW 7.48.220
Abatement, by whom.
A public nuisance may be abated by any public body or officer authorized thereto by law.
[Code 1881 § 1244; 1875 p 80 § 10; RRS § 9922.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.230 - Public nuisance—Abatement.

RCW 7.48.230
Public nuisance—Abatement.
Any person may abate a public nuisance which is specially injurious to him or her by removing, or if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
[ 2011 c 336 § 219; Code 1881 § 1245; 1875 p 80 § 11; RRS § 9923.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.240 - Certain places of resort declared nuisances.

RCW 7.48.240
Certain places of resort declared nuisances.
Houses of ill fame, kept for the purpose, where persons are employed for purposes of prostitution; all public houses or places of resort where gambling is carried on, or permitted; all houses or places within any city, town, or village, or upon any public road, or highway where drunkenness, gambling, fighting or breaches of the peace are carried on, or permitted; all opium dens, or houses, or places of resort where opium smoking is permitted, are nuisances, and may be abated, and the owners, keepers, or persons in charge thereof, and persons carrying on such unlawful business shall be punished as provided in this chapter.
[ 1973 1st ex.s. c 154 § 18; Code 1881 § 1247; 1875 p 81 § 13; RRS § 9924.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.250 - Penalty—Abatement.

RCW 7.48.250
Penalty—Abatement.
Whoever is convicted of erecting, causing or contriving a public or common nuisance as described in this chapter, or at common law, when the same has not been modified or repealed by statute, where no other punishment therefor is specially provided, shall be punished by a fine not exceeding one thousand dollars, and the court with or without such fine, may order such nuisance to be abated, and issue a warrant as hereinafter provided: PROVIDED, That orders and warrants of abatement shall not be issued by district judges.
[ 1987 c 202 § 136; 1957 c 45 § 1; Code 1881 § 1248; 1875 p 81 § 14; RRS § 9925.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.260 - Warrant of abatement.

RCW 7.48.260
Warrant of abatement.
When, upon indictment or information, complaint or action, any person is adjudged guilty of a nuisance, if it be in superior court the court may in addition to the fine imposed, if any, or to the judgment for damages or costs, for which a separate execution may issue, order that such nuisance be abated, or removed at the expense of the defendant, and after inquiry into and estimating, as nearly as may be, the sum necessary to defray the expenses of such abatement, the court may issue a warrant therefor: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.
[ 1987 c 202 § 137; 1957 c 45 § 2; Code 1881 § 1249; 1875 p 81 § 15; RRS § 9926, part. FORMER PARTS OF SECTION: Code 1881 § 1250; 1875 p 81 § 16.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.270 - Stay of warrant.

RCW 7.48.270
Stay of warrant.
Instead of issuing such warrant, the court may order the same to be stayed upon motion of the defendant, and upon his or her entering into a bond in such sum and with such surety as the court may direct to the state, conditioned either that the defendant will discontinue said nuisance, or that within a time limited by the court, and not exceeding six months, he or she will cause the same to be abated and removed, as either is directed by the court, and upon his or her default to perform the condition of his or her bond, the same shall be forfeited, and the court, upon being satisfied of such default, may order such warrant forthwith to issue, and an order to show cause why judgment should not be entered against the sureties of said bond.
[ 2011 c 336 § 220; 1957 c 45 § 3; Code 1881 § 1251; 1875 p 81 § 17; RRS § 9927.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.280 - Costs of abatement.

RCW 7.48.280
Costs of abatement.
The expense of abating a nuisance, by virtue of a warrant, can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be first levied upon and sold by the officer, and if any of the proceeds remain after satisfying the expense of the removal, such balance must be paid by the officer to the defendant or to the owner of the property levied upon, and if said proceeds are not sufficient to pay such expenses, the officer must collect the residue thereof.
[Code 1881 § 1252; 1875 p 82 § 18; RRS § 9928.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.300 - Agricultural activities and forest practices—Legislative finding and purpose.

RCW 7.48.300
Agricultural activities and forest practices—Legislative finding and purpose.
The legislature finds that agricultural activities conducted on farmland and forest practices in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses and timber production. It is therefore the purpose of RCW 7.48.300 through 7.48.310 and 7.48.905 to provide that agricultural activities conducted on farmland and forest practices be protected from nuisance lawsuits.
[ 1992 c 52 § 2; 1979 c 122 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.310 - Agricultural activities and forest practices—Definitions.

RCW 7.48.310
Agricultural activities and forest practices—Definitions.
For the purposes of RCW 7.48.305 only:
(1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for production of agricultural or apicultural products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of stream banks and watercourses; and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced. The term includes use of new practices and equipment consistent with technological development within the agricultural industry.
(2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.
(3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other farm products.
(4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries and apiary products, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
(5) "Forest practice" means any activity conducted on or directly pertaining to forestland, as that term is defined in RCW 76.09.020, and relating to growing, harvesting, or processing timber. The term "forest practices" includes, but is not limited to, road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees, brush control, and owning land where trees may passively grow until one of the preceding activities is deemed timely by the owner.
[ 2009 c 200 § 3; 2007 c 331 § 3; 1992 c 52 § 4; 1991 c 317 § 2; 1979 c 122 § 3.]
NOTES:
Intent—2009 c 200: See note following RCW 7.48.305.
Findings—Intent—2007 c 331: See note following RCW 7.48.305.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.315 - Agricultural activities and forest practices—Recovering lawsuit costs—Farmers.

RCW 7.48.315
Agricultural activities and forest practices—Recovering lawsuit costs—Farmers.
(1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(2) A farmer who prevails in any action, claim, or counterclaim (a) based on an allegation that agricultural activity on a farm is in violation of specified laws, rules, or ordinances, (b) where such activity is not found to be in violation of the specified laws, rules, or ordinances, and (c) actual damages are realized by the farm as a result of the action, claim, or counterclaim, may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(3) The costs and expenses that may be recovered according to subsection (1) or (2) of this section include actual damages and reasonable attorneys' fees and costs. For the purposes of this subsection, "actual damages" include lost revenue and the replacement value of crops or livestock damaged or unable to be harvested or sold as a result of the action, claim, or counterclaim.
(4) In addition to any sums recovered according to subsection (1) or (2) of this section, a farmer may recover exemplary damages if a court finds that the action, claim, or counterclaim was initiated maliciously and without probable cause.
(5) A farmer may not recover the costs and expenses authorized in this section from a state or local agency that investigates or pursues an enforcement action pursuant to an allegation as specified in subsection (2) of this section.
[ 2005 c 511 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.320 - Agricultural activities and forest practices—Recovering costs to investigate complaints—State and local agencies.

RCW 7.48.320
Agricultural activities and forest practices—Recovering costs to investigate complaints—State and local agencies.
A state or local agency required to investigate a complaint alleging agricultural activity on a farm is in violation of specified laws, rules, or ordinances and where such activity is not found to be in violation of such specified laws, rules, or ordinances may recover its full investigative costs and expenses if a court determines that the complaint was initiated maliciously and without probable cause.
[ 2005 c 511 § 2.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48 - Nuisances. › 7.48.905 - Severability—1979 c 122.

RCW 7.48.905
Severability—1979 c 122.
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.
[ 1979 c 122 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.020 - Moral nuisances—Declaration of.

RCW 7.48A.020
Moral nuisances—Declaration of.
The following are declared to be moral nuisances:
(1) Any and every place in the state where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition, or where lewd live performances are publicly exhibited as a regular course of business;
(2) Any and every lewd film which is publicly exhibited, or possessed for such purpose at a place which is a moral nuisance under this section;
(3) Any and every place of business in the state in which lewd publications constitute a principal part of the stock in trade;
(4) Every place which, as a regular course of business, is used for the purpose of lewdness or prostitution, and every such place in or upon which acts of lewdness or prostitution are conducted, permitted, carried on, continued, or exist;
(5) All houses, housing units, other buildings, or places of resort where controlled substances identified in Article II of chapter 69.50 RCW and not authorized by that chapter, are manufactured, delivered, or possessed, or where any such substance not obtained in a manner authorized by chapter 69.50 RCW is consumed by ingestion, inhalation, injection, or any other means.
[ 1990 c 152 § 5; 1988 c 141 § 3; 1982 c 184 § 2.]
NOTES:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.030 - Civil actions—Who may bring.

RCW 7.48A.030
Civil actions—Who may bring.
Any of the following parties may bring a civil action in the superior court of any county where a moral nuisance is alleged to have been maintained:
(1) The prosecuting attorney for the county where the alleged moral nuisance is located;
(2) The city attorney for the city where the alleged moral nuisance is located; or
(3) The attorney general.
The rules of evidence, burden of proof, and all other rules of court shall be the court rules generally applicable to civil cases in this state: PROVIDED, That the standard of proof on the issue of obscenity shall be clear, cogent, and convincing evidence.
[ 1982 c 184 § 3.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.040 - Maintenance of moral nuisance—Fine—Maximum.

RCW 7.48A.040
Maintenance of moral nuisance—Fine—Maximum.
(1) No person shall with knowledge maintain a moral nuisance.
(2) Upon a determination that a defendant has with knowledge maintained a moral nuisance, the court shall impose a civil fine and judgment of an amount as the court shall determine to be appropriate. In imposing the civil fine, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the lewd matter, lewdness, or prostitution, whichever is applicable. In no event shall the civil fine exceed the greater of twenty-five thousand dollars or these profits.
[ 1985 c 235 § 1; 1982 c 184 § 4.]
NOTES:
Severability—1985 c 235: "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." [ 1985 c 235 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.050 - Fines—Payment.

RCW 7.48A.050
Fines—Payment.
All civil fines assessed under RCW 7.48A.040 shall be paid into the general treasury of the governmental unit commencing the civil action.
[ 1985 c 235 § 2; 1982 c 184 § 5.]
NOTES:
Severability—1985 c 235: See note following RCW 7.48A.040.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.060 - Exceptions to application of chapter.

RCW 7.48A.060
Exceptions to application of chapter.
Nothing in this chapter applies to the circulation of any material by any recognized historical society or museum, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
[ 1982 c 184 § 6.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.070 - Findings.

RCW 7.48A.070
Findings.
The legislature finds that actions against moral nuisances as declared in RCW 7.48A.020 (1) through (4) involve balancing the safeguards necessary to protect constitutionally protected speech and the community and law enforcement efforts to curb dissemination of obscene matters. The legislature finds that the difficulty in ascertaining and obtaining originals and copies of obscene matters for evidentiary purposes thwarts legitimate enforcement efforts. The legislature finds that the balancing of the concerns warrants specific discovery procedures applicable to actions against moral nuisances involving obscene matters.
[ 1989 c 70 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.080 - Temporary injunction.

RCW 7.48A.080
Temporary injunction.
After the plaintiff files a civil action under this chapter, the plaintiff may apply to the superior court in which the plaintiff filed the action for a temporary or preliminary injunction. The court shall grant a hearing within ten days after the plaintiff applies for a temporary injunction.
[ 1989 c 70 § 2.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.090 - Restraining order—Service—Violation of order or injunction.

RCW 7.48A.090
Restraining order—Service—Violation of order or injunction.
After the plaintiff applies for a temporary or preliminary injunction, the court may, upon a showing of good cause, issue an ex parte restraining order restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the nuisance is alleged to exist, until the court grants or denies the plaintiff's application for a temporary or preliminary injunction or until further order of the court. However, pending the court's decision on the injunction, the temporary restraining order shall not restrain the exhibition or sale of any film, publication or item of stock in trade. The order may require that at least one original of each film or publication shall be preserved pending the hearing on the injunction. The court may require an inventory and full accounting of all business transactions.
The officer serving the restraining order or preliminary injunction may serve the order by handing to and leaving a copy with any person in charge of the place or residing in the place, or by posting a copy in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting. The officer serving the restraining order or injunction shall forthwith make and return to the court, an inventory of the personal property and contents situated in and used in conducting or maintaining the alleged nuisance.
Any violation of the temporary order or injunction is a contempt of court. Mutilation or removal of a posted order that is in force is a contempt of court if the posted order or injunction contains a notice to that effect.
[ 1989 c 70 § 3.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.100 - When bond or security not required.

RCW 7.48A.100
When bond or security not required.
A bond or security shall not be required of the city attorney, the prosecuting attorney, or the attorney general.
[ 1989 c 70 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.110 - Hearing—Service of notice.

RCW 7.48A.110
Hearing—Service of notice.
A copy of the complaint, together with a notice of the time and place of the hearing on the application for a temporary injunction, shall be served upon the defendant at least three business days before the hearing. Service may also be made by posting the required documents in the same manner as is provided in RCW 7.48A.090. If the defendant requests a continuance of the hearing, all temporary restraining orders and injunctions shall be extended as a matter of course.
[ 1989 c 70 § 5.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.120 - Production of discovery materials—Temporary injunction.

RCW 7.48A.120
Production of discovery materials—Temporary injunction.
If the court finds at the hearing for an injunction, that the accounting, inventory, personal property, and contents of the place alleged to be a nuisance provide evidence of a moral nuisance as defined by RCW 7.48A.020 (1) through (4), the court may order the defendant to produce to the plaintiff a limited number of original films, film plates, publications, videotapes, any other obscene matter, and other discovery materials the court determines is necessary for evidentiary purposes to resolve the action on the merits.
The court may issue a temporary injunction enjoining the defendant and all other persons from removing or in any manner interfering with the court-ordered discovery. This discovery procedure supplements and does not replace any other discovery procedures and rules generally applicable to civil cases in this state.
[ 1989 c 70 § 6.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.130 - Precedence of hearing on injunction.

RCW 7.48A.130
Precedence of hearing on injunction.
The hearing on the injunction shall have precedence over all other actions, except prior matters of the same character, criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit vehicles used in violation of the uniform controlled substances act, chapter 69.50 RCW.
[ 1989 c 70 § 7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.48A - Moral Nuisances. › 7.48A.140 - Violation of order or injunction—Penalties.

RCW 7.48A.140
Violation of order or injunction—Penalties.
An intentional violation of a restraining order, preliminary injunction, or injunction under this chapter is punishable as a contempt of court.
[ 1989 c 70 § 8.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.010 - Persons entitled to bring action.

RCW 7.52.010
Persons entitled to bring action.
When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof, according to the respective rights of the persons interested therein, and for sale of such property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners.
[Code 1881 § 552; 1877 p 117 § 557; 1869 p 133 § 505; RRS § 838.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.020 - Requisites of complaint.

RCW 7.52.020
Requisites of complaint.
The interest of all persons in the property shall be set forth in the complaint specifically and particularly as far as known to the plaintiff, and if one or more of the parties, or the share or quantity of interest of any of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint.
[Code 1881 § 553; 1877 p 117 § 558; 1869 p 133 § 506; RRS § 839.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.030 - Lien creditors as parties defendant.

RCW 7.52.030
Lien creditors as parties defendant.
The plaintiff may, at his or her option, make creditors having a lien upon the property or any portion thereof, other than by a judgment or decree, defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties, such lien, if a partition be made, is thenceforth a lien only on the share assigned to such party; but such share shall be first charged with its just proportion of the costs of the partition, in preference to such lien.
[ 2011 c 336 § 221; Code 1881 § 554; 1877 p 117 § 559; 1869 p 133 § 507; RRS § 840.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.040 - Notice.

RCW 7.52.040
Notice.
The notice shall be directed by name to all the tenants in common, who are known, and in the same manner to all lien creditors who are made parties to the suit, and generally to all persons unknown, having or claiming an interest or estate in the property.
[Code 1881 § 555; 1877 p 117 § 560; 1869 p 133 § 508; RRS § 841.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.050 - Service by publication.

RCW 7.52.050
Service by publication.
If a party, having a share or interest in, or lien upon the property, be unknown, or either of the known parties reside out of the state or cannot be found therein, and such fact be made to appear by affidavit, the notice may be served by publication, as in ordinary cases. When service is made by publication, the notice must contain a brief description of the property which is the subject of the suit.
[Code 1881 § 556; 1877 p 117 § 561; 1869 p 134 § 509; RRS § 842.]
NOTES:
Publication of legal notices: Chapter 65.16 RCW.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.060 - Answer—Contents.

RCW 7.52.060
Answer—Contents.
The defendant shall set forth in his or her answer, the nature, and extent of his or her interest in the property, and if he or she be a lien creditor, how such lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of such other security.
[ 2011 c 336 § 222; Code 1881 § 557; 1877 p 118 § 562; 1869 p 134 § 510; RRS § 843.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.070 - Trial—Proof must be taken.

RCW 7.52.070
Trial—Proof must be taken.
The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined in such suit, and where a defendant fails to answer, or where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the decree for partition or sale is given.
[Code 1881 § 558; 1877 p 118 § 563; 1869 p 134 § 511; RRS § 844.]