Chapter 8.28
ABANDONED, WRECKED AND DISMANTLED VEHICLES
Sections:
8.28.010 Declaration of public nuisance.
8.28.020 Public nuisances – Abatement and removal procedure – Generally.
8.28.030 Abatement – Notice – Cost assessment.
8.28.050 Abatement – Hearing – Denial of responsibility by applicant.
8.28.060 Abatement – Disposal of vehicle.
8.28.070 Abatement – Costs assessment.
8.28.080 Adoption of Washington State statutes by reference.
8.28.090 Certificate of approval.
8.28.010 Declaration of public nuisance.
The storage or retention of abandoned, wrecked, dismantled or inoperative vehicles or automobile hulks on public or private property in the city is a public nuisance except where same is:
A. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public property;
B. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 as is now or hereafter amended; provided, an exemption shall be granted upon application to the city council and/or its designee for storage or retention purposes by residents and/or landowners which will be for a fixed period of time and for a specified purpose including, but not limited to, retention/storage of vehicles while family members are overseas, attending school or on extended trips or vacation;
C. Parked on a city street, alley, sidewalk or right-of-way for 24 consecutive hours or less. [Ord. 97-10 § 1, 1997; Ord. 88-12 § 1, 1988].
8.28.020 Public nuisances – Abatement and removal procedure – Generally.
All vehicles or automobile hulks, or parts, constituting public nuisances in accordance with CRMC 8.28.010 shall be abated and removed in accordance with the procedure outlined in CRMC 8.28.030 through 8.28.070. [Ord. 88-12 § 2, 1988].
8.28.030 Abatement – Notice – Cost assessment.
A. Before the abatement or removal of such vehicle or automobile hulk or parts thereof, notice shall be given to the last registered owner thereof of record and the real property owner of record that a hearing may be requested before Cowlitz County district court, such hearing to be conducted in the manner described in RCW 46.55.120(3) as is now or hereafter amended.
B. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, storage fees or abatement were not proper. At the conclusion of the hearing, the district court shall determine whether the impoundment/abatement was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
C. If the impoundment/abatement is found proper, then the impoundment/abatement, towing and storage fees as permitted under this chapter, together with court costs and reasonable attorney’s fees, shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
D. If the impoundment/abatement is determined to be in violation of this chapter, then the registered and legal owners of the vehicle shall bear no impoundment/abatement and/or towing or storage fees and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment/abatement shall be liable for any towing, storage or other impoundment/abatement fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impoundment/abatement for the impoundment/abatement, towing and/or storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle for reasonable damages for the loss of use of the vehicle during the time the same was impounded, for not less than $50.00 per day.
E. The notice described in this section shall indicate that unless a hearing is requested within 10 days of the issuance of the notice, the vehicle or automobile hulk or parts thereof will be removed and abated and the costs thereof assessed in accordance with this title. [Ord. 97-10 §§ 2, 3, 1997].
8.28.050 Abatement – Hearing – Denial of responsibility by applicant.
The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and that he/she has not subsequently acquiesced in its presence, then the district court shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner. [Ord. 97-10 § 6, 1997].
8.28.060 Abatement – Disposal of vehicle.
After notice has been given of the intent of the city to dispose of a vehicle or automobile hulk or parts, and after a hearing, if requested, has been held, the vehicle or automobile hulk or parts thereof shall be removed at the request of the chief of police and disposed of to a licensed auto wrecker or tow truck operator, with notice to the Washington State Patrol and the Washington State Department of Motor Vehicles that such a vehicle or automobile hulk has been wrecked. [Ord. 88-12 § 6, 1988].
8.28.070 Abatement – Costs assessment.
Costs of abatement and removal of such vehicle, automobile hulk or parts may be assessed against the last registered owner of the vehicle or automobile hulk or parts, if the identity of such owner can be determined, unless the owner in the transfer of such vehicle or automobile hulk or parts has complied with RCW 46.52.104, or the costs may be assessed against the owner of the real property on which the vehicle is stored and shall constitute a lien thereon. [Ord. 88-12 § 7, 1988].
8.28.080 Adoption of Washington State statutes by reference.
The following sections of the Revised Code of Washington are adopted by reference as if set forth in full in this chapter with the exception of the penalty provisions thereof, which are superseded by the penalty provisions of CRMC 9.04.020:
RCW
[Ord. 89-4 § 1, 1989; Ord. 88-12 § 8, 1988].
8.28.090 Certificate of approval.
Upon receipt of an application therefor, signed by the applicant or his agent, the chief of police may issue to an applicant for an abandoned vehicle disposal registration a certificate of approval certifying that:
A. The applicant has an established place of business at the address shown on his application for abandoned vehicle disposal registration;
B. The place of business has adequate and secure storage facilities accessible to the public where vehicles and their contents can be properly stored and protected. [Ord. 88-12 § 9, 1988].
8.28.100 Appointment of abandoned vehicle disposer to dispose of abandoned vehicles and abandoned vehicle hulks.
A. The city clerk-treasurer may appoint any registered abandoned vehicle disposer for the purpose of disposing of abandoned vehicles and abandoned vehicle hulks. Each such appointment shall be contingent upon the submission of an application to the city clerk-treasurer, and proof that the applicant is a registered abandoned vehicle disposer under the laws of the state.
B. Any registered abandoned vehicle disposer so appointed by the city clerk-treasurer shall comply with such administrative rules and regulations relative to the handling and disposing of vehicles as may be promulgated by the city, and shall comply with this title and the laws of the state.
C. Any such appointment may be canceled by the city clerk-treasurer upon evidence that the appointed registered abandoned vehicle disposer is not complying with all laws, rules and regulations relative to the handling and disposition of the abandoned vehicles or abandoned vehicle hulks. [Ord. 88-12 § 10, 1988].