What Washington state law allows cities to do ‘nuisance’ code enforcement?

Get Legal Help Today

 Secured with SHA-256 Encryption

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.
To 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 1 year 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption