§ 76.09.120 — Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien.

Washington § 76.09.120

• Jurisdiction: Washington
• Title 76: FORESTS AND FOREST PRODUCTS
• Ch. 76.09: FOREST PRACTICES

Text

If an operator fails to undertake and complete any course of action with respect to a forest practice, as required by a final order of the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090 , the department may determine the cost thereof and give written notice of such cost to the operator, the timber owner and the owner of the forestland upon or in connection with which such forest practice was being conducted. If such operator, timber owner, or forestland owner fails within thirty days after such notice is given to undertake such course of action, or having undertaken such course of action fails to complete it within a reasonable time, the department may expend any funds available to undertake and complete such course of action and such operator, timber owner, and forestland owner shall be jointly and severally liable for the actual, direct cost thereof, but in no case more than the amount set forth in the notice from the department. If not paid within sixty days after the department completes such course of action and notifies such forestland owner in writing of the amount due, such amount shall become a lien on such forestland and the department may collect such amount in the same manner provided in chapter 60.04 RCW for mechanics' liens.

Legislative History

[1974 ex.s. c 137 s 12.]