Kennedy v. McGuire, 38 Wash. App. 237 (1984)

Citation: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Parent Document: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Jurisdiction: Washington (state)
Effective Date: 1984-07-23
Original Source: https://www.courtlistener.com/opinion/6958580/kennedy-v-mcguire/ ↗

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At the outset, we find that ordinance 109630 is not applicable in this case. Ordinance 109630 was enacted on January 26, 1981, whereas the Kennedys gave Allan notice to evict on December 3, 1980. A statute or ordinance is presumed to apply prospectively unless a contrary legislative intent is clearly expressed. Puyallup v. Pacific Northwest Bell Tel. Co., 98 Wn.2d 443, 656 P.2d 1035 (1982). Furthermore, a statute which creates a new liability or imposes a penalty will not be construed to apply retroactively. Johnston v. Beneficial Management Corp. of Am., 85 Wn.2d 637, 538 P.2d 510 (1975). The floating homes ordinance provides a civil fine for failure to comply with its requirements. Seattle Municipal Code 7.20.120. Accordingly, the notice provisions of ordinance 109630 did not apply retroactively to December 3, 1980.1

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