Washington § 64.44.040 - Orders declaring property unfit and prohibiting use — City, county action — Entrance upon property prohibited.

Full text of Washington Revised Code of Washington § 64.44.040 — Orders declaring property unfit and prohibiting use — City, county action — Entrance upon property prohibited., with citation guidance and answers to common questions.

§ 64.44.040. Orders declaring property unfit and prohibiting use — City, county action — Entrance upon property prohibited.

(1) Upon issuance of an order declaring property unfit and prohibiting its use, the city or county in which the contaminated property is located may take action to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require that the property be vacated or the contents removed from the property. The city or county may use an authorized contractor if property is demolished, decontaminated, or removed under this section. The city, county, or contractor shall comply with all orders of the health officer during these processes. No city or county may condemn, decontaminate, or demolish property pursuant to this section until all procedures granting the right of notice and the opportunity to appeal in RCW 64.44.030 have been exhausted, but may prohibit use, occupancy, or removal of contaminated property pending appeal of the order.

(2)(a) It is unlawful for any person to enter upon any property, or to remove any property, that has been found unfit for use by a local health officer pursuant to RCW 64.44.030.

(b) This subsection does not apply to: (i) Health officials, law enforcement officials, or other government agents performing their official duties; (ii) authorized contractors or owners performing decontamination pursuant to authorization by the local health officer; and (iii) any person acting with permission of a local health officer, or of a superior court or hearing examiner following an appeal of a decision of the local health officer.

(3) No provision of this section may be construed to limit the ability of the local health officer to permit occupants or owners of the property at issue to remove uncontaminated personal property from the premises.

[ 2006 c 339 s 204; 1999 c 292 s 5; 1990 c 213 s 5.]

Notes

Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.

Finding—Intent—1999 c 292: See note following RCW 64.44.010.

Source: official Washington text · Last verified 2026-08-27

Frequently Asked Questions About Washington § 64.44.040

What does Revised Code of Washington § 64.44.040 cover?

Section 64.44.040 ("Orders declaring property unfit and prohibiting use — City, county action — Entrance upon property prohibited.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 64.44.040?

A common citation format is "Revised Code of Washington § 64.44.040" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 64.44.040 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 64.44.040 at the Washington source

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.