Chapter 8.14
JUNK AND INOPERABLE VEHICLES
Sections:
8.14.010 Purpose.
8.14.020 Definitions.
8.14.030 Public nuisance declared.
8.14.040 Exemptions.
8.14.050 Abatement and removal of junk vehicles on private property.
8.14.055 Inoperable vehicles as a nuisance.
8.14.060 Additional enforcement procedure.
8.14.070 Constitutionality or invalidity.
8.14.080 Severability.
8.14.010 Purpose.
The purpose of this chapter is to preserve the character and safety of the city’s neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)
8.14.020 Definitions.
For the purposes of this chapter, the following words shall have the following meaning:
A. “Director” means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the mayor to enforce this chapter including assigned code enforcement official(s).
B. “Junk vehicle” means a vehicle meeting at least three of the following requirements (RCW 46.55.010(4)):
1. Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield or missing wheels, tires, motor or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
C. “Landowner” means an owner of private property, or a person in possession or control of private property. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)
8.14.030 Public nuisance declared.
All junk vehicles certified as such by a law enforcement officer or code enforcement officer designated by the director according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal. It is unlawful for any individual, firm, entity or corporation to allow, cause to allow or place a junk vehicle on any premises. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)
8.14.040 Exemptions.
The provisions of this chapter shall not apply to:
A. Any vehicles or parts thereof which are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property; or
B. Any vehicles or parts thereof which are stored or parked in a lawful manner on private property in connection with the business of a licensed commercial towing yards, automobile repair facilities, outdoor storage yards or wrecking yards, licensed dismantler or licensed vehicle dealer and which are fenced according to the provisions of RCW 46.80.130. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)
8.14.050 Abatement and removal of junk vehicles on private property.
A. Voluntary Correction. Whenever the code enforcement official or a city of Auburn law enforcement officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle’s registered owner.
B. Enforcement of Civil Violations. If the code enforcement official or city of Auburn law enforcement officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of infraction to the landowner of record and/or the vehicle’s last registered owner of record, which shall be filed with the Auburn municipal court and processed in accordance with appropriate rules and procedures. Alternatively, the code enforcement official or city of Auburn law enforcement officer may issue a civil violation to the landowner of record and the vehicle’s last registered owner of record, in accordance with the procedures set forth below.
C. Content. For violations of this chapter, the notice of civil violation shall contain the following information:
1. The name and address of the landowner of record upon whose property the vehicle is located;
2. The name and address of the vehicle’s last registered owner of record provided license or vehicle identification numbers are available;
3. The vehicle description including: the license plate number and/or the vehicle identification number; the model year; the make; and the factors which render the vehicle a public nuisance;
4. The street address of a description sufficient for identification of the property where the vehicle is located;
5. The required corrective action and a date and time by which the correction must be completed;
6. The procedures and hearing process and procedures for other enforcement action shall be conducted in accordance with Chapter 1.25 ACC or as otherwise provided in applicable codes, rules and regulations. (Ord. 5747 § 2, 2003; Ord. 5677 § 3, 2002; Ord. 5200 § 2, 1999.)
8.14.055 Inoperable vehicles as a nuisance.
A. “Inoperable motorized vehicle” means any car, truck, van, recreational vehicle, motorcycle, snowmobile or other vehicle typically powered by an engine, excepting watercraft, that has been in a stationary position for more than 14 calendar days, is apparently inoperable or requires repairs in order to be operable, or is unable to move a distance of 20 feet under its own power on a flat surface. “Inoperable motorized vehicle” may include vehicles that do not meet the definition of junk vehicle.
B. An inoperable motorized vehicle will be considered a public nuisance unless contained entirely within an enclosed building. It is provided, however, that one inoperable motorized vehicle may be allowed on residential property, outside of an enclosed building, if it is stored in the rear yard of the property and is screened from the neighboring properties and any street by a 100 percent sight-obscuring fence. It is further provided that in the R‑R rural residential zone more than one inoperable vehicle may be allowed outside of a building, so long as the property on which the inoperable motorized vehicles are located consists of at least one acre of property per inoperable motorized vehicle; provided, that in no case shall there be more than five inoperable vehicles outside of buildings on any size of property. (Ord. 5747 § 2, 2003.)
8.14.060 Additional enforcement procedure.
The provisions of this chapter are additional to other enforcement provisions authorized by state statute and city ordinance, including, but not limited to, enforcement through Chapter 1.25 ACC, and are additional to any other remedy available to the city for damages it has suffered. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)
8.14.070 Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)
8.14.080 Severability.
If any provision of the codes referenced in this chapter is held invalid or unenforceable, the remainder shall be valid. (Ord. 5747 § 2, 2003; Ord. 5200 § 2, 1999.)