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AGO Opinions with Topic: RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES
AGLO 1979 No. 41 >  December 20, 1979
DISTRICTS - SEWER - WATER - DRAINAGE - CITIES AND TOWNS - RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES
DISTRICTS ‑- SEWER ‑- WATER ‑- DRAINAGE ‑- CITIES AND TOWNS ‑- RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES Although RCW 65.08.170 requires a city, town, or other municipality (as defined in RCW 35.91.020) to record certain connection charges in the office in which deeds are recorded, neither that statute nor any other applicable law purports to set forth the legal consequences of a failure to comply or, specifically, to say that recording in any way affects the legality of those charges as between the municipality and those who tap in, or hook up, to and use the particular facilities in question; therefore, a person may not connect with or tap into sewer or water facilities without paying the connection fee even though such fee has not been recorded pursuant to RCW 65.08.170.
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