Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS

(1) Whenever it appears that any person is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090, the prosecuting attorney, a telecommunications company, or any person harmed by an alleged violation of R…

The superior courts shall have jurisdiction to enjoin the sale or distribution of obscene prints and articles as hereinafter specified.[ 1959 c 105 s 1.]

The prosecuting attorney of every county of the state, in which a person, firm, or corporation sells or distributes or offers to sell or distribute or has in his or her possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, pa…

The person, firm, or corporation sought to be enjoined shall be entitled to a trial by jury of the issues within a reasonable time after joinder of issue and a judgment shall be entered by the court within two days of the conclusion of the trial. No injunction or restraining orde…

In the event that a final order or judgment of injunction be entered in favor of the state and against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the she…

In any action brought as herein provided, the prosecuting attorney shall not be required to file any undertaking before the issuance of an injunction order provided for in RCW 7.42.040, shall not be liable for costs and shall not be liable for damages sustained by reason of the i…

Every person, firm, or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in RCW 7.42.020, after the service upon him or her of a summons and complaint in an action brought by the prosecuting attorney pursuant …

Nothing in this chapter shall apply to any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of th…

(1) Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.41 RCW, or imitation controlled substances as…

The action provided for in RCW 7.43.010 shall be brought in the superior court in the county in which the property is located. Such action shall be commenced by the filing of a complaint alleging the facts constituting the nuisance.Any complaint filed under this chapter shall be …

Upon application for a temporary restraining order or preliminary injunction, the court may, upon a showing of good cause, issue an ex parte restraining order or preliminary injunction, preventing the defendant and all other persons from removing or in any manner interfering with…

A temporary restraining order or preliminary injunction shall not issue under this chapter except upon the giving of a bond or security by the applicant, in the sum that the court deems proper, but not less than one thousand dollars, for the payment of such costs and damages as m…

An action under this chapter 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 unifo…

(1) If the complaint under this chapter is filed by a citizen, the complaint shall not be dismissed by the citizen for want of prosecution except upon a sworn statement made by the citizen and the citizen's attorney, if the citizen has one. The statement shall set forth the reaso…

A copy of the complaint, together with a notice of the time and place of the hearing of the action shall be served upon the defendant at least one business day before the hearing. Service may also be made by posting the papers in the same manner as is provided for in RCW 7.43.030…

(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 upo…

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…

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 keep…

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 s 9; 1988 c 141 s 14.]

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…

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 s 16.]

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 p…

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 s 206; 1891 c 42 (p 81) s 1; Code 1881 s 637; 1877 p 1…

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 offi…

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 disc…

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 s 209; Code 1881 s 639; 1877 p 133 s 642; 1869 p 150 …

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-contractor…

The defendant may have the same remedy by writ of habeas corpus as in other cases of arrest and bail.[Code 1881 s 641; 1877 p 134 s 644; 1869 p 150 s 581; 1854 p 210 s 423; RRS s 782.]

The proceedings provided for in this chapter may be had before district judges in all cases within their jurisdiction.[ 1987 c 202 s 135; 1891 c 42 s 4; Code 1881 s 642; 1877 p 134 s 644; 1869 p 150 s 582; 1854 p 210 s 424; RRS s 783.]Notes:Intent—1987 c 202: See note following R…

The affidavit and bond may be filed, and proceedings had in any county where the defendants may be found.[Code 1881 s 643; 1877 p 134 s 646; 1869 p 150 s 583; 1854 p 210 s 425; RRS s 784.]

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 …

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 enfor…

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 there…

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 hims…

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 i…

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 danger…

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 s 1236; 1875 p 79 s 2; RRS s 9912.]Notes:Crimes, nuisances: Chapter 9.66 RCW.

It is a public nuisance:(1) To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected, deposited, or to remain in any place to the prejudice of others;(2) To throw or deposit any offal or other offensive matter, or the carcass of any d…

Every nuisance not included in the definition of RCW 7.48.130 is private.[Code 1881 s 1237; 1875 p 79 s 3; RRS s 9915.]

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 nui…

Nothing which is done or maintained under the express authority of a statute, can be deemed a nuisance.[Code 1881 s 1238; 1875 p 79 s 4; RRS s 9916.]

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 s 1239; 1875 p 79 s 5; RRS s 9917.]

The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.[Code 1881 s 1240; 1875 p 79 s 6; RRS s 9918.]

No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.[Code 1881 s 1241; 1875 p 80 s 7; RRS s 9919.]

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…

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 s 218; Code 1881 s 1243; 1875 p 80 s 9; RRS s 9921.]

A public nuisance may be abated by any public body or officer authorized thereto by law.[Code 1881 s 1244; 1875 p 80 s 10; RRS s 9922.]

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 s 219; Code 1881 s 1245; 1875 p 80 s…

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 d…

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 no…