Questions and Answers Related to Mosquito Control Districts

Does RCW 17.28.040 require that the proposed boundaries of a mosquito control district be published along with the notice, or can the county just state in the notice that the boundary map is available in the commissioners' offices?

State law does not adequately address this question. However, in our opinion, at least some general description of the "boundaries" of the proposed district must be published along with the notice. RCW 17.28.030 requires that the petition "set forth and describe the boundaries." The next section, .040, requires that the "text of the petition" be published. If the petition had a written description of the boundaries, that written text would be sufficient. If the petition has a general map outlining the boundaries, that would probably be sufficient as well, even though there is a reference to "text." If publishing the description/map is overly costly, the county could probably publish the notice stating that a copy of the complete map will be mailed upon request. (For cities, ordinance publication allows certain types of complicated and lengthy ordinances to be published in that manner as long as the complete text is available to be sent out on request.)

Must a city join in the formation of a mosquito control district under RCW 17.28.030 if requested by a county?

RCW 17.28.030 gives city discretion whether to join a mosquito control district, and any city must agree to join before a county can include it within the boundaries.

Is territory of mosquito control district automatically excluded following the territory's annexation to a city?

Absent an automatic exclusion provision such as in RCW 52.08.021, city annexation of area within a mosquito control district constitutes implied "consent" by the city to the territory’s continued inclusion within the district.

Can territory be deannexed from a mosquito control district? For example if city territory is annexed to a mosquito control district can it later be deannexed?

There is no provision in ch. 17.28 RCW for deannexation of territory or for a reduction in boundaries.

Is there a simple way to collect money from the citizens to pay for a mosquito control program in a small town?

No. The statutory procedures set forth in RCW chapter 17.28 are the only way to collect a mandatory assessment from the citizens for mosquito control.

What impact does mosquito control district funding have on city taxes?

Property tax levies of a mosquito control district do not impact other taxing districts. The one year excess property tax levy voted on at the time of the districts formation , not to exceed twenty-five cents, is not counted within the ceiling established in RCW 84.52.043 and would not be a tax which could reduce the annual levy of other local governments, whether general purpose governments such as cities and counties or single purpose governments such as hospital district, library district, fire district or other junior taxing districts.

What are grounds for removal of members of the board of trustees of a mosquito control district?

There are no provisions in chapter 17.28 RCW for the removal of members of the board of trustees. However, chapter 42.12 RCW, relating to vacancies in public offices, and chapter 42.20 RCW, relating to removal for misconduct, would be applicable. Board members may also be removed upon the conviction of malfeasance in office.