Forced Out for Code Noncompliance

[crownedclown68]

My question involves real estate located in the State of: WAshington

My family of 3 are being told we must leave are home immediately or face a steep fine and/or imprisonment for lack of code compliance.

We had our water shut off for failure to pay, now the city has put a bright orange placard on our door saying we must leave immediately or face penalties listed above for not having water service to our home. Is this legal?

We own the home. the recent financial crisis has forced us to make tough decisions as far as utilities go, we are on our own septic system and have electricity and gas coming to the house. Not only do we have a well documented and legal well that has been on the property even before the house, we figured the one utility we could bring in from an outside source was water. The well does not currently have a pump, but the city does not know this as it is located inside the pump house. We have been bringing in fresh water (about 24 gallons) of water in every day to do dishes, flush toilets, cook, etc etc. The house and property are in great shape and clean inside and out. We also have in case of emergencies a portable toilet with chemicals in case of emergencies that we have not had to use.

How can it be legal to force a family to be homeless simply because they cant afford to pay their water bill(700.00)? We are not living in unsanitary conditions in any way. In these tough economic times we are doing the best we can, me must pay our mortgage or lose are home, yet we cant live in it????? HELLLLP!!!

In addition, the only notice we received was the placard on the door that says we must leave immediately and that we cant remove the placard or face the same penalties as listed above (this is quite embarrassing). The water has been shut off for approx 1-2 months...shouldnt the city have sent some type of notice prior that we would need to vacate?

[crownedclown68]

Is this a real estate law issue? suggestions of which category would be more appropriate would be great as i could really use some opinions on the matter. Thank you for your time.

[mittens]

My question is, do you have sewer services through them, or are you on a septic system?

If you have an approved well (hell, even if you don't), and don't have sewer services, I'd tell them to take a hike and call myself an attorney (though not in that order).

Far as I know, you cannot be required to purchase water from a specific supplier, which is basically what they are saying.

Does the sign cite a specific statute, I'm betting it does if it's a valid cause.

The only thing I could find was about requiring to show water was available when applying for a building permit and a "Water Well Report' was all you needed.

http://search.leg.wa.gov/wslrcw/RCW%...027%20.097.htm

[crownedclown68]

Ty for the reply. Yes...we are on our own septic system. this is how the placard they posted on our door reads.

DO NOT OCCUPY
our address
By order of the building official of the city of Auburn it is unlawful to occupy this structure and/or remove this placard.

Violation is punishable by a fine up to$1000, imprisonment up to 90 days or both.(acc 15.06.040
VIOLATION: "lack of sanitary facilities and/or lackof water servgice to building"

IPMC 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

dated signed


citys address and abnd name of building official

[mittens]

From the way I read it, you got this because they:

Do not know you have a well.
and/or
The well is NOT connected to the home plumbing.

From your description, the well is in fact NOT connected.

"We have been bringing in fresh water (about 24 gallons) of water in every day to do dishes, flush toilets, cook, etc etc."

According to the code your area subscribes to, you are in fact in violation of it.
"
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
"

You need to get the well report and have it plumbed to your home (no doubt requiring a permit and a licensed plumber, aka $$$) to bring it back into compliance.
Either that, or pay the water bill and have it turned back on.

Just how much water do you use that you racked up $700? That's more than a year's worth of water AND garbage service here.

BTW: That code sounds an awful lot like an HOA code, evil things they are.

http://publicecodes.citation.com/ico...9_5_sec005.htm

My home wouldn't even pass code, as my driveway is not asphalt, concrete or rock with a permanent border. Most times I am glad I live out of the city, this is certainly one of them!

[crownedclown68]

I certainly appreciate you taking the time to reply to my post.

I spoke with the code compliance officer yesterday, He verified that they had no idea about the well as our property was annexed into the city limits this past year. He did some checking with county records and now realizes that there is indeed a well and that we are on our own septic system. He has not yet asked if it is actually hooked up yet...and I just dont see any reason to volunteer the info unless he asks me directly.

The amount owed is indeed high, it reflects not only past water consumption but a disconnect fee, a reconnnect fee (here they remove the meter if a past due amount is not received within a certain amount of time), late fees, and here they also charge 25.00 a month whether your hooked up to their water or not(apparently having the option to hook up to their water is reason enough to charge you).

Basically , my family and I have been experiencing some difficulties financially and have had to make some very tough decisions as far as what bills are getting paid and what not. Water was the one utility we could bring in from an outside source at no cost.

Im very discouraged and disappointed in my town of Auburn, WA, They our in charge of the water, and they are only allow 1 very short extension to pay on your bill, they do accept payments, if u do not pay in full by the deadline...your water is shut off, If your water is shut off for any amount of time....They demand you do not live in your house under penalty of prison. During these tough economic times....I find it unbelievable that they are willing to have a family thrown out of their homes and live in the streets which is definitely even more unsanitary, merely because the family cant currently afford the most readily available resource on the planet.

Thanks again for your time and info.

[mittens]

Agreed, never volunteer information!

I would be looking into that $25 fee whether you have service from them or not.
I know in florida, it is illegal to charge for services not rendered, and they certainly aren't rendering a service if you aren't even connected to them.

That being said, utilities here can charge a 'customer fee', basically a fee for the privilege of being their customer, and it's charged as long as you have service from them whether you use it or not.

All you can do is write the law makers for your area, whether it's a local commissioner, congressman, whatever. That code sounds more like a HOA code than any kind of building code, as it covers cosmetic items (such as requiring at least 50% of your yard to be 'planted' (ie landscaped, not just grass)). It's unfortunate as it was most likely adopted with very little input or knowledge from the people it would be affecting.

While I understand the *idea* behind it, keeping neighborhoods clean, property values up, etc, just the idea that someone can tell me what I can do with my property raises my blood pressure. You want my yard landscaped, you pay for it and maintain it, I'm too old for that kind of yard work!