Chapter 8.34
JUNK, JUNK VEHICLES, AND SOLID WASTE
Sections:
8.34.030 Certification of junk vehicle.
8.34.030A Certification of junk.
8.34.040 Junk and junk vehicles prohibited.
8.34.070 Procedure for abatement.
8.34.080 Determination of responsibility.
8.34.110 Abatement and removal.
8.34.120 Costs of removal and disposal.
8.34.010 Purpose.
The purpose of this chapter is to preserve the character and safety of city neighborhoods by eliminating junk, junk vehicles, and/or solid waste from private property, provide monetary penalties for violations of this chapter, and to provide procedures for the removal of junk, junk vehicles and/or solid waste. (Ord. 09-744 § 1, 2009)
8.34.020 Definitions.
For purpose of this chapter:
A. “Abandoned vehicle” means a vehicle which has been left within the city limits, on any street, road, highway, public property beyond the street limits, or upon private property for a period greater than 96 consecutive hours.
B. “Junk” means and includes the storage of any old appliance(s), equipment, junk vehicle(s), or parts thereof, scrap metal, automotive tires, cardboard, old lumber, old wood, and any items which are not being used for their intended purpose, and does not include orderly stacked firewood.
C. “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements from RCW 46.55.010:
1. Is three years old or older;
2. Is extensively damaged, including but not limited to any of the following: a broken window or windshield, or a missing wheel, tire, motor or transmission;
3. Is apparently inoperable;
4. Has a fair market value equivalent only to the value of scrap.
D. “Premises” means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
E. “Residential property” means property that has no more than four living units located on it.
F. “Responsible person” means any legal property owner(s) and/or representative as indicated by Asotin county assessor records.
G. “Significant parts” of a junk vehicle means more than 50 percent of any of the following:
1. Chassis.
2. Body.
3. Engine.
H. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
I. “Vehicle” means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, trucks, trailers, motorcycles, snowmobiles, boats and tractors, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (Ord. 09-744 § 1, 2009)
8.34.030 Certification of junk vehicle.
Any person duly authorized under the authority of the city of Asotin police chief or mayor shall inspect and declare under penalty of perjury that a vehicle meets the requirements of a junk vehicle. Such declaration shall be in writing and shall record the vehicle make and/or model if available. The declaration shall also describe in detail the damage or missing equipment to verify that the requirements under AMC 8.34.020(C) are met. (Ord. 09-744 § 1, 2009)
8.34.030A Certification of junk.
Any person duly authorized under the authority of the city of Asotin police chief or mayor shall inspect and declare under penalty of perjury that the junk meets the requirements as defined in AMC 8.34.020(B). Such certification shall be in writing and shall describe the junk in detail to verify that the requirements under AMC 8.34.020(B) are met. (Ord. 09-744 § 1, 2009)
8.34.040 Junk and junk vehicles prohibited.
It shall be unlawful to deposit, park, store or abandon junk and/or junk vehicles on private property that is within view from public right-of-way, public property or private property with exceptions as provided in AMC 8.34.060. Such a violation shall be subject to the abatement procedure set out in this chapter. (Ord. 09-744 § 1, 2009)
8.34.050 Solid waste removal.
Solid waste shall be removed from private property no less than weekly. (Ord. 09-744 § 1, 2009)
8.34.060 Exceptions.
This chapter shall not apply to:
A. Any junk and/or junk vehicle or part thereof shall be stored behind a sight obscuring fence or densely planted evergreen hedge which is not less than six feet in height or within a completely enclosed building where it is not visible from the public right-of-way, public property, or private property. Junk vehicles on property at the bottom of a hill shall be covered by a tarp in addition to the fencing/hedge requirements when the junk vehicle is visible from public or private property on the hill above the location of the junk vehicle. The tarp shall be in good condition and properly secured in order to completely cover the junk vehicle at all times and in all weather conditions;
B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business according to Chapter 46.80 RCW; or
C. A vehicle shall not be considered abandoned if its owner-operator is unable to remove it from the place where it is located and has notified and has given just reason for the inability to remove it to the city police chief. (Ord. 09-744 § 1, 2009)
8.34.070 Procedure for abatement.
A. Initiation of Abatement. Enforcement of this section may be initiated by any city of Asotin law enforcement officer upon his/her observation and/or upon receipt of complaint given by a citizen or property owner of the city of Asotin. Citizen or property owner initiated complaints must indicate the specific address of the property in violation. Violation of this chapter is an infraction. If a notice of infraction is issued by a law enforcement officer, the penalties will be in accordance with the schedule listed in subsection (B) of this section. If a notice of infraction is issued for the violation, the case must be resolved in the Asotin County district court.
B. Fines. Monetary penalties may be assessed for violations of this chapter via issuance of a notice of infraction on any contact by any city of Asotin law enforcement officer upon his/her observation of the violation. Monetary penalties for violations of this chapter will be graduated as follows:
1. First violation: $125.00.
2. Second violation: $250.00.
3. Third and subsequent violations: $500.00.
C. Notice of Abatement. A notice of abatement may be given to the responsible person(s) of record for the property where the violation occurs at any time without the prior issuance of a verbal or written warning, or issuance of infraction. The responsible person(s) of record shall be given notice of abatement by city of Asotin law enforcement officer or by certified mail. If the notice of abatement is delivered by an Asotin law enforcement officer to the responsible person, a receipt of delivery will be signed at the time of delivery. Notices of abatement sent by certified mail will have a five-day return receipt requested. Notices of abatement will include verbiage that a public hearing may be requested before a hearing officer. The hearing officer will be appointed for the purpose by the Asotin city mayor and whose identity shall be maintained for public record by the clerk. If no hearing is requested within 15 days from the date of hand delivery or from the date of the postmark of the notice of abatement if mailed, the junk, junk vehicles, significant parts thereof, or solid waste will be caused to be removed by the city of Asotin police chief.
D. Hearing Request. If a request for hearing is received by the city of Asotin within 15 days of the hand delivery or of the postmark of the mailed notice, a notification giving the time, location and date of such hearing on the questions of abatement and removal of the junk and/or junk vehicle(s) or part(s) thereof will be sent to the person requesting the hearing or his/her authorized representative by certified mail with a five-day return receipt requested. (Ord. 09-744 § 1, 2009)
8.34.080 Determination of responsibility.
The responsible person for the premises on which the junk, junk vehicle, or solid waste is located shall appear in person at the hearing or present a written statement in time for consideration at the hearing. (Ord. 09-744 § 1, 2009)
8.34.090 Hearing.
Hearings are for the purpose of contesting the city’s intent to remove junk, junk vehicle(s) or solid waste after a notice of abatement has been hand delivered or sent by certified mail to the responsible person(s) of record for the property where the violation occurred. A copy of the hearing officer’s written opinion will be given to the party at the conclusion of the hearing. In the event the hearing officer must take the decision under advisement, the written order will issue within 14 days and be mailed to the party who sought the hearing. (Ord. 09-744 § 1, 2009)
8.34.100 Appeals.
The responsible person(s) of record for the property may appeal the decision of the hearing officer directly to the Asotin County district court. The appeal must be filed within 10 days of service of the final order. The petitioner will notify the hearing officer and the city of Asotin police chief in writing of the petitioner’s intent to appeal. (Ord. 09-744 § 1, 2009)
8.34.110 Abatement and removal.
A. The city of Asotin police chief will cause the removal of the junk, junk vehicle and/or solid waste after:
1. Twenty-one days have elapsed from the date the written notice of abatement was received by the responsible person(s) if a hearing has not been requested; or
2. Fifteen days have elapsed after the hearing officer’s final decision is received by the responsible person(s); or
3. Ten days after an appeal to the Asotin County district court has been heard and denied.
B. Vehicle(s) or part(s) thereof will be removed by a licensed tow company, licensed vehicle wrecker, hulk hauler or scrap processor with notice given to the Washington State Patrol and to the Department of Licensing that the vehicle has been wrecked.
C. All other junk and/or solid waste will be removed by and disposed of by a licensed disposal company or licensed contractor. (Ord. 09-744 § 1, 2009)
8.34.120 Costs of removal and disposal.
The costs of removal and disposal shall be assessed against the responsible person by the company removing the junk, junk vehicle, or solid waste. (Ord. 09-744 § 1, 2009)