Ask MRSC - Public Safety

RCW 35.21.955 (first and second class cities and towns) and RCW 35A.21.405 (code cities) authorize cities and towns that exercise their authority to abate nuisances to levy a special assessment against property for the expense of abatement. The special assessment constitutes a lien against the property and is binding on successors in title from the date the lien is recorded with the county.

Up to $2,000 of the recorded lien is of equal rank with state, county, and municipal taxes. Cities and towns levying the special assessment may contract with the county treasurer to collect the special assessment through the property tax collection process in accordance with RCW 84.56.035.

In cases where the nuisance threatens health and safety, the city or county must provide prior notice to the property owner that an abatement is pending and that a special assessment may be levied on the property for the expense of abatement. In all other cases, the city or town must notify both the property owner and any identifiable mortgage holder.

While there is no applicable state law on this, the widespread practice is to have your governing body adopt a new resolution rescinding the previous one. This will provide a clear audit/timing trail for the board’s actions. As always, check with your agency attorney for specific drafting advice.

If the original resolution was worded in a way that the local declaration terminates when the state terminates its declaration of emergency, then there is no need to adopt a rescinding resolution. But if that is not the case, the best practice is to adopt a resolution rescinding the emergency. Otherwise, the manager/mayor/executive arguably continues to have the extra powers granted to them in the original resolution.

Seattle and King County’s comprehensive plans specifically identify gun safety, while other jurisdictions’ comprehensive plans more broadly address violence, crime, and/or public safety (see examples below). Additionally, community health needs assessments and community health improvement plans are often either referenced or adopted by reference in comprehensive plans. For example, the King County Comprehensive Plan references the community health indicators (see violence & injury prevention) that are part of the King County Community Health Needs Assessment, 2021-2022 (see discussion of firearm-related deaths).

Here are some examples of goals and policies from Washington comprehensive plans:

• King County Comprehensive Plan – In Chapter 4 of the “Regional Health and Human Services” section, see H-102.e and H-209, which include references to firearms.
• Kirkland Human Services Goals and Policies – See Policy HS-5.3 in the Human Services chapter. It includes as a goal area “A safe haven from all forms of violence and abuse.”
• Redmond Comprehensive Plan – In the Chapter “Shoreline Master Program,” see SL-46 “Incorporate crime prevention principles in the design of public access to make facilities safe and easy to patrol and supervise.”
• Seattle Comprehensive Plan (2020) – In the Chapter “Community Well-Being,” see public safety policy CW 5.7 “Work in partnership with state, county, and community agencies to prevent violence, including that associated with substance abuse, and firearms injuries.” Other examples include GS 3.27, CW G5, BL-G15, and NN-P18.
• Spokane Social Health Chapter – See SH 6 on Safety, and related policies (CPTED, natural access control, natural surveillance, community oriented policing services, etc.).
• Vancouver Comprehensive Plan – See the Police section in the Public Facilities and Services Chapter, which includes data and strategies around crime and violence.
• Yakima Comprehensive Plan – See policy 7.4.7 “Encourage community policing, CPTED principles, and community watch programs to improve public safety for both businesses and residences.

Here are a few examples from other states:

• Oakland Safety Element - Public Safety – Includes policies and actions related to violent crime.
• Minneapolis Comprehensive Plan – See Goal 5 and related action steps, which include “Follow a public health approach to ending violence by reducing the factors that put people at risk for being involved with violence” and “Expand the use of non-enforcement, community-driven public safety strategies and responses such as restorative practices that can address and repair the harm caused by a crime.”
• Stockton General Plan – See Goal SAF-1, Safe Community (public safety is a top community priority). Policies SAF-1.1 and SAF-1.2 address violence and crime.

Special purpose districts (SPDs) like ports and fire and hospital districts are defined as "municipalities" or "municipal corporations" in their enabling legislation. HB 1630, codified at RCW 9.41.305, prohibits open carry in:

City, town, county, or other municipality buildings used in connection with meetings of the governing body of the city, town, county, or other municipality, or any location of a public meeting or hearing of the governing body of a city, town, county, or other municipality during the hearing or meeting.

Therefore, SPDs that are defined as municipalities are subject to the statutory language. For more on this new law, see the section on “Open Carry of Firearms” in the MRSC blog Regulating Firearms in Washington State.

Sections 70A.15.5000 through 70A.15.5220 of the Revised Code of Washington (RCW) and Chapter 173-425 of the Washington Administrative Code (WAC) regulate outdoor burning. Both generally forbid outdoor burning unless specifically authorized. WAC 173-425-050(4) says that:

It is unlawful for any person to cause or allow outdoor burning that causes an emission of smoke or any other air contaminant that is detrimental to the health, safety, or welfare of any person, that causes damage to property or business, or that causes a nuisance

WAC 173-425-060(2)(i) requires a permit for any:

Recreational fires with a total fuel area that is greater than three feet in diameter and/or two feet in height (except in the nonurban areas of counties with an unincorporated population of less than fifty thousand; […]

WAC 173-425-060(5) establishes minimum recreational fire conditions. Those include whether a permit is required or just notification. Even for recreational fires, there are conditions. The regulations limit the materials that can be burned and the days and times burning is permitted. They require fifty-foot s eparation from structures and a maximum burn pile of four feet by four feet by three feet.

Because enforcement differs depending on each agency with overlapping jurisdictions (city police, fire department or fire district, and regional clean air agency) I recommend you consult with your fire marshal, your local clean air agency, and your attorney for specific requirements in your city.