Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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property in August 2023 and October 2023. In August, “the tenants paid for an emergency pump

out service” and in October 2023, they had paid again “for another emergency pump out due to

the failed system.” CP at 193. The notes further stated,

The system has been a failure since the August pump out, when we noted that the
pump is not operational, deeming the system pretty much unusable without needing
to be pumped continually.

CP at 193.

3. Notices from Mason County Public Health and Human Services

The Jorgensens submitted the two notices from August and September 2023 from Mason

County Public Health and Human Services regarding the Jorgensens’ complaints about the Tralee

property’s septic system. The notices stated that the county had found that the Egberts were in

violation of state and county health codes for “Inadequate or illegal connection to On-Site Sewage

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No. 60448-5-II

System” and “Use of malfunctioning Onsite Sewage System.” CP at 206, 209 (boldface omitted).

Both notices were addressed to the Egberts and Jackson at “PO BOX 1457 SHELTON, WA

98584.” CP at 206, 209.

4. Demand Letter from the Jorgensens’ Attorney

The Jorgensens submitted the demand letter sent by their attorney from Thurston County

Volunteer Legal Services and addressed to Scott and Janelle Egbert and to Jackson. The letter

listed Scott’s address as the Mason County Jail, Janelle’s address as the P.O. Box 1457, and an

address for Jackson that appears to be a residence in Shelton.

The letter alleged that the Egberts were in violation of the RLTA for failure to repair the

property’s septic system and for Jackson’s harassment. The letter requested that “repairs be