Public-domain · open source
OpenJurist

RCW 35.21.290

Utility services—Lien for—Emergency declaration.

Applied in 6 court decisions — leading case 112 Wash. 2d 456 - Hite v. Public Utility District No. 2 (1989)

Most recently applied in 133 Wash. App. 479 - Seattle Mortgage Co. v. Unknown Heirs of Daisy Gray (June 2006)

2021 c 296 s 15; 2010 c 135 s 2; 1965 c 7 s 35.21.290

How often courts cite this section

19641970198019902000200610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in RCW 35.21.217(4) and in subsection (2) of this section, cities and towns owning their own waterworks, or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished for four months charges therefor due or to become due, but not for any charges more than four months past due.

(2) The lien provided for in subsection (1) of this section may apply to charges more than four months past due, if the city or town has been unable to pursue collection or a lien against the premises to which water, electric light, or power services were furnished due to an emergency declaration by the governor. A lien may be imposed after the expiration of the emergency declaration that prevented collection. The period in which the lien may be imposed is the later of:

(a) Three months from the expiration of the emergency declaration preventing collection or a lien; or

(b) Three months of the ratepayer's failure to abide by the terms of an agreed payment plan, if the payment plan for past due charges would have allowed the ratepayer to repay the past due charges over a period of six months or more.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.