Title 35 — Title 35 CITIES AND TOWNS
49 chapters · 1,261 sections in this title.
RCW 35.43.005 Municipal local improvement statutes applicable to public corporations.
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The provisions of this and the following chapters relating to municipal local improvements apply to local improvements owned or operated by a public corporation or by a public corporation and a city, town, or another public corporation as if they were owned or operated by a city …
RCW 35.43.010 Terms defined.
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Whenever the words "city council" or "town council" are used in this and the following chapters relating to municipal local improvements, they shall be construed to mean the council or other legislative body of such city or town. Whenever the word "mayor" is used therein, it shal…
RCW 35.43.020 Construction.
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The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this and the following chapters relating to municipal local improvements but the same shall be liberally construed for the purpose of carrying out the objects for whic…
RCW 35.43.030 Charters superseded—Application—Ordinances—Districts outside city authorized, within city authorized for transportation and infrastructure purposes.
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This and the following chapters relating to municipal local improvements shall supersede the provisions of the charter of any city of the first class.They shall apply to all incorporated cities and towns, including unclassified cities and towns operating under special charters.Th…
RCW 35.43.035 Creation of district outside city subject to review by boundary review board.
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The creation of a local improvement district outside of the boundaries of a city or town to provide water or sewer facilities may be subject to potential review by a boundary review board under chapter 36.93 RCW.[ 1989 c 84 s 30.]
RCW 35.43.040 Authority generally.
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Whenever the public interest or convenience may require, the legislative authority of any city or town may order the whole or any part of any local improvement including but not restricted to those, or any combination thereof, listed below to be constructed, reconstructed, repair…
RCW 35.43.042 Authority to establish utility local improvement districts—Procedure.
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Whenever the legislative authority of any city or town has provided pursuant to law for the acquisition, construction, reconstruction, purchase, condemnation and purchase, addition to, repair, or renewal of the whole or any portion of a:(1) System for providing the city or town a…
RCW 35.43.043 Conversion of local improvement district into utility local improvement district.
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The legislative authority of any city or town may by ordinance convert any then existing local improvement district into a utility local improvement district at any time prior to the adoption of an ordinance approving and confirming the final assessment roll of such local improve…
RCW 35.43.045 Open canals or ditches—Safeguards.
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Every city or town shall have the right of entry upon all irrigation, drainage, or flood control canal or ditch rights-of-way within its limits for all purposes necessary to safeguard the public from the hazards of such open canals or ditches, and the right to cause to be constru…
RCW 35.43.050 Authority—Noncontinuous improvements.
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When the legislative body of any city or town finds that all of the property within a local improvement district or utility local improvement district will be benefited by the improvements as a whole, a local improvement district or utility local improvement district may include …
RCW 35.43.060 Consolidated cities—Procedure.
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The city council of any city which is composed of two or more cities or towns which have been or may hereafter be consolidated may make and pass all resolutions, orders and ordinances necessary for any assessment where the improvement was made or was being made by a component cit…
RCW 35.43.070 Ordinance—Action on petition or resolution.
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A local improvement may be ordered only by an ordinance of the city or town council, pursuant to either a resolution or petition therefor. The ordinance must receive the affirmative vote of at least a majority of the members of the council.Charters of cities of the first class ma…
RCW 35.43.075 Petition for district outside city may be denied.
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Whenever the formation of a local improvement district or utility local improvement district which lies entirely or in part outside of a city or town's corporate limits is initiated by petition the legislative authority of the city or town may by a majority vote deny the petition…
RCW 35.43.080 Ordinance—Creation of district.
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Every ordinance ordering a local improvement to be paid in whole or in part by assessments against the property specially benefited shall describe the improvement and establish a local improvement district to be known as "local improvement district No. . . . .," or a utility loca…
RCW 35.43.100 Ordinance—Finality—Limitation upon challenging jurisdiction or authority to proceed.
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The council may continue the hearing upon any petition or resolution provided for in this chapter and shall retain jurisdiction thereof until it is finally disposed of. The action and decision of the council as to all matters passed upon by it in relation to any petition or resol…
RCW 35.43.110 Petition—Mandatory, when.
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Proceedings to establish local improvement districts must be initiated by petition in the following cases:(1) Any local improvement payable in whole or in part by special assessments which includes a charge for the cost and expense of operation and maintenance of escalators or mo…
RCW 35.43.120 Petition—Requirements.
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Any local improvement may be initiated upon a petition signed by the owners of property aggregating a majority of the area within the proposed district. The petition must briefly describe: (1) The nature of the proposed improvement, (2) the territorial extent of the proposed impr…
RCW 35.43.125 Petition—Notice and public hearing required.
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A public hearing shall be held on the creation of a proposed local improvement district or utility local improvement district that is initiated by petition. Notice requirements for this public hearing shall be the same as for the public hearing on the creation of a proposed local…
RCW 35.43.130 Preliminary estimates and assessment roll.
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Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a proceeding for the formation of a local improvement district or utility local improvement district, the proper board, officer, or authority designated by charter or ordinance to m…
RCW 35.43.140 Resolutions—Contents, publication—Hearing, by whom held.
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Any local improvement to be paid for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or town council or other legislative authority of the city or town, declaring…
RCW 35.43.150 Resolutions—Hearing upon—Notice.
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Notice of the hearing upon a resolution declaring the intention of the legislative authority of a city or town to order an improvement shall be given by mail at least fifteen days before the day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of…
RCW 35.43.180 Restraint by protest.
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The jurisdiction of the legislative authority of a city or town to proceed with any local improvement initiated by resolution shall be divested by a protest filed with the city or town council within thirty days from the date of passage of the ordinance ordering the improvement, …
RCW 35.43.182 Waivers of protest—Recording—Limits on enforceability.
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If an owner of property enters into an agreement with a city or town waiving the property owner's right under RCW 35.43.180 to protest formation of a local improvement district, the agreement must specify the improvements to be financed by the district and shall set forth the eff…
RCW 35.43.184 Preformation expenditures.
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The city or town engineer or other designated official may contract with owners of real property to provide for payment by the owners of the cost of the preparation of engineering plans, surveys, studies, appraisals, legal services, and other expenses associated with improvements…
RCW 35.43.186 Credits for other assessments.
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A city or town ordering a local improvement upon which special assessments on property specifically benefited by the improvement are levied and collected, may provide as part of the ordinance creating the local improvement district that moneys paid or the cost of facilities const…
RCW 35.43.188 Assessment reimbursement accounts.
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A city or town ordering a local improvement upon which special assessments on property specifically benefited by the improvement are levied and collected, may provide as part of the ordinance creating the local improvement district that the payment of an assessment levied for the…
RCW 35.43.190 Work—By contract or by city or public corporation.
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All local improvements, the funds for the making of which are derived in whole or in part from assessments upon property specially benefited shall be made by contract on competitive bids whenever the estimated cost of such improvement including the cost of materials, supplies, la…
RCW 35.43.200 Street railways at expense of property benefited.
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Any city or town in this state owning and operating a municipal street railway over one hundred miles of track shall have power to provide for purchasing, or otherwise acquiring, or constructing and equipping surface, subway and elevated street railways and extensions thereof, an…
RCW 35.43.210 Street railways at expense of property benefited—Petition—Assessment district.
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Any improvement district created under RCW 35.43.200- 35.43.230 shall be created only by ordinance defining its boundaries as specified and described in the petition therefor and specifying the plan or system therein provided for; and shall be initiated only upon a petition there…
RCW 35.43.220 Street railways at expense of property benefited—Assessment of cost.
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The cost and expense of any such improvement shall be distributed and assessed against all the property included in such local improvement district, in accordance with the special benefits conferred thereon.[ 1965 c 7 s 35.43.220. Prior: 1923 c 176 s 3; RRS s 9425-3.]
RCW 35.43.230 Street railways at expense of property benefited—Procedure.
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Except as herein otherwise provided all matters and proceedings relating to such local improvement district, the levying and collecting of assessments, the issuance and redemption of local improvement warrants and bonds, and the enforcement of local assessment liens hereunder sha…
RCW 35.43.250 Deferral of collection of assessments for economically disadvantaged persons—Authorized.
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Any city of the first class in this state ordering any local improvement upon which shall be levied and collected special assessments on property specifically benefited thereby may provide as part of the ordinance creating any local improvement district that the collection of any…
RCW 35.43.260 Service fees for sewers not constructed within ten years after voter approval—Credit against future assessments, service charges.
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Any municipal corporation, quasi municipal corporation, or political subdivision which has the authority to install sewers by establishing local improvement districts, which has charged and collected monthly service fees for sewers, that have been authorized and approved by the v…
RCW 35.43.270 Sanitary sewer or potable water facilities—Notice to certain property owners.
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Whenever it is proposed that a local improvement district or utility local improvement district finance sanitary sewers or potable water facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to the owners of any property located …
RCW 35.43.280 Settlement of Indian claims.
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(1) The settlement of Indian land and other claims against public and private property owners is declared to be in the interest of public health and safety, orderly government, environmental protection, economic development, and the social well-being of the citizens of this state…