Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1971 NO. 17 >

(1) The provisions of chapter 58.17 RCW, relating to plats and subdivisions, are applicable to mobile home parks where the ownership of an entire parcel remains in the developer or operator of the park, but the parcel is divided into five or more lots or sites for the purpose of renting the same to mobile home owners on a month-to-month basis. (2) The provisions of chapter 58.17 RCW, relating to plats and subdivisions, are also applicable where a developer or operator retains ownership of an entire parcel of land, but divides the same into five or more lots or sites for the purpose of renting the same on a nightly or weekly basis to the owners of campers, trailers, and such other mobile recreational and camping vehicles.

AGO 1983 NO. 17 >

Exercising the authority granted to it by RCW 39.84.040 a municipality, in creating a public corporation in connection with the issuance of industrial development revenue bonds under chapter 39.84 RCW, may provide in the ordinance establishing the corporation that one or more positions on its board of directors shall be filled by a member (or members) of its governing body serving ex officio; however, if the number of members of the governing body who are to serve, ex officio, on the board of directors of corporations is less than the total number of members of the governing body, the ordinance should also, itself, state the criteria for determining which members of the governing body are also to serve as directors of the corporation.

AGO 1975 NO. 17 >

(1) A county ordinance adopted under Article XI, § 11 of the state constitution may not require the owner of land abutting a county road intersection, without compensation, to remove preexisting trees and other vegetation or structures from within a prescribed distance of the intersection in order to provide an unobstructed view across the owner's land for vehicles approaching the intersection.  (2) A county may, however, secure the removal of such sight obstructions at an intersection by exercising its constitutional powers of eminent domain.

AGO 1985 NO. 17 >

An incorporated town within the county may by means of an ordinance adopt regulations identical to those of the county and then enter into an agreement for the enforcement of the town's regulations by county employees for which the town must pay true and full value to the county.

AGLO 1975 NO. 17 >

(1) The legislative authority of a county is not first required to convey tax title land to itself in its proprietary capacity under RCW 36.35.030 before exchanging such property for other land under RCW 36.35.050. (2) Subsequent tax revenues derived from tax title property which was conveyed to private ownership under RCW 36.35.050 are to be distributed to the taxing districts in which the land is situated. (3) A county is not required by RCW 36.35.030 to operate a sanitary land fill on former tax title land at a profit.

AGO 2005 NO. 18 >

1.  A properly tagged off-road vehicle (ORV) is not permitted to be operated along a public highway. 2.  A county, city, or public subdivision of the state lacks authority to permit off-road vehicles (ORVs) to be operated within its boundaries, except on roads which meet the statutory definition of “nonhighway roads” in RCW 46.09.020(7).

AGO 1989 NO. 18 >

1.Chapter 85.38 RCW authorizes "special assessments" which may be imposed only on property specially benefitted in accordance with article 7, section 9, of the Washington Constitution as interpreted in case law; this chapter does not authorize the imposition of "rates and charges" based on some standard other than special benefit.2.Assessments made under chapter 85.38 [RCW] must be based on the special benefit conferred by a public work or activity on particular property, and may not lawfully be based on the extent of use of public services or other criteria.

AGO 2006 NO. 18 >

1. If a city has chosen not to impose the optional sales and use tax authorized by RCW 82.14.030(2), and the county in which the city is located has chosen to impose the same tax, the revenue from the tax would go to the county.2. If a city chooses to impose a local real estate excise tax authorized by RCW 82.46.010 in lieu of the optional sales and use tax authorized by RCW 82.14.030(2), the city may not arrange for the county to continue to pay the city a portion of the revenue from the optional sales and use tax, unless the city and county have entered into a local service agreement under RCW 36.115.

AGO 1973 NO. 18 >

(1) No county of any class may donate a portion of its federal revenue sharing entitlement under Public Law 92-512 (the state and local fiscal assistance act of 1972) to a private nonprofit senior citizens' center. (2) A county not operating under a home rule charter may not donate a portion of its entitlement under this federal act to a fire protection district for the purchase of an ambulance by such district.

AGO 1975 NO. 18 >

There is a sufficient basis in Article XI, § 11 of the Washington constitution for upholding a properly drawn ordinance by which a county, including one which has not adopted a home rule charter pursuant to Article XI, § 4 of the constitution, would establish day care services for the children of working mothers who are residents thereof; the appropriate tests for determining the validity of such an ordinance are (1) whether the enactment falls within the range of concerns which the courts have recognized as acceptable areas for the exercise of the police power and (2) whether the measure represents a reasonable method of reaching an objective of that power.