Revised Code of Washington
Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings.
35.43.180 - Restraint by protest.

RCW 35.43.180
Restraint by protest.

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, signed by the owners of the property within the proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost of the improvement including federally-owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district or, if all or part of the local improvement district or utility local improvement district lies outside of the city or town, such jurisdiction shall be divested by a protest filed in the same manner and signed by the owners of property which is within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, and which is subject to sixty percent or more of that part of the total cost of the improvement allocable to property within the proposed local improvement district or utility local improvement district but outside the boundaries of the city or town, including federally-owned or other nonassessable property: PROVIDED, That such restraint by protest shall not apply to any of the following local improvements, if the legislative body finds and recites in the ordinance or resolution authorizing the improvement that such improvement is necessary for the protection of the public health and safety and such ordinance or resolution is passed by unanimous vote of all members present: (1) Sanitary sewers or watermains where the health officer of the city or town, or department of ecology, files with the legislative authority a report showing the necessity for such improvement; and (2) fire hydrants where the chief of the fire department files a report showing the necessity for such improvement.

[ 1983 c 303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180. Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 § 9363, part.]
NOTES:

Construction—Severability—1967 c 52: See notes following RCW 35.43.042.

Structure Revised Code of Washington

Revised Code of Washington

Title 35 - Cities and Towns

Chapter 35.43 - Local Improvements—Authority—Initiation of Proceedings.

35.43.005 - Municipal local improvement statutes applicable to public corporations.

35.43.010 - Terms defined.

35.43.020 - Construction.

35.43.030 - Charters superseded—Application—Ordinances—Districts outside city authorized, within city authorized for transportation and infrastructure purposes.

35.43.035 - Creation of district outside city subject to review by boundary review board.

35.43.040 - Authority generally.

35.43.042 - Authority to establish utility local improvement districts—Procedure.

35.43.043 - Conversion of local improvement district into utility local improvement district.

35.43.045 - Open canals or ditches—Safeguards.

35.43.050 - Authority—Noncontinuous improvements.

35.43.060 - Consolidated cities—Procedure.

35.43.070 - Ordinance—Action on petition or resolution.

35.43.075 - Petition for district outside city may be denied.

35.43.080 - Ordinance—Creation of district.

35.43.100 - Ordinance—Finality—Limitation upon challenging jurisdiction or authority to proceed.

35.43.110 - Petition—Mandatory, when.

35.43.120 - Petition—Requirements.

35.43.125 - Petition—Notice and public hearing required.

35.43.130 - Preliminary estimates and assessment roll.

35.43.140 - Resolutions—Contents, publication—Hearing, by whom held.

35.43.150 - Resolutions—Hearing upon—Notice.

35.43.180 - Restraint by protest.

35.43.182 - Waivers of protest—Recording—Limits on enforceability.

35.43.184 - Preformation expenditures.

35.43.186 - Credits for other assessments.

35.43.188 - Assessment reimbursement accounts.

35.43.190 - Work—By contract or by city or public corporation.

35.43.200 - Street railways at expense of property benefited.

35.43.210 - Street railways at expense of property benefited—Petition—Assessment district.

35.43.220 - Street railways at expense of property benefited—Assessment of cost.

35.43.230 - Street railways at expense of property benefited—Procedure.

35.43.250 - Deferral of collection of assessments for economically disadvantaged persons—Authorized.

35.43.260 - Service fees for sewers not constructed within ten years after voter approval—Credit against future assessments, service charges.

35.43.270 - Sanitary sewer or potable water facilities—Notice to certain property owners.

35.43.280 - Settlement of Indian claims.