Chapter 10.15
DISABLED, STORED AND ABANDONED VEHICLES
Sections:
10.15.010 Unlawful to let vehicle remain standing.
10.15.020 Standing disabled, stored and abandoned vehicle – Notice to remove.
10.15.030 Notice to remove – Contents.
10.15.040 Notice to remove – Delivery.
10.15.050 Failure or refusal to comply.
10.15.060 Violation – Penalty.
10.15.070 Additional penalties.
10.15.080 Defense to actions under this chapter.
10.15.090 Definitions.
10.15.010 Unlawful to let vehicle remain standing.
It shall be unlawful for any person to park, or leave standing, any disabled, stored, or abandoned vehicle, or for the owner thereof to permit such vehicle to remain standing, in any public place in the town of Cathlamet after notice to remove the same as herein provided. (Ord. 519, 2009; Ord. 252 § 1, 1968)
10.15.020 Standing disabled, stored and abandoned vehicle – Notice to remove.
When any disabled, stored, or abandoned vehicle is found standing in any public place in the town of Cathlamet, the town’s law enforcement agency, or any person authorized by the council of the town, shall give notice in writing to the owner and/or person responsible for leaving the same, requiring the removal of said vehicle within not less than 10 days as provided by such notice. (Ord. 519, 2009; Ord. 252 § 2, 1968)
10.15.030 Notice to remove – Contents.
Said notice to remove shall notify the owner and/or person responsible for placing such disabled, stored, or abandoned vehicle that said vehicle shall be towed away at the owner’s expense if not removed within 10 days of the notice. The written notice shall identify the said vehicle by make and model and license number, if any, and stating the location by street at which it was disabled, stored or abandoned at the time of giving such notice, and requiring such person or persons to remove the same within the time provided in said notice, which date shall be stated in said notice and which shall be not less than 10 days from the date of service. (Ord. 519, 2009; Ord. 252 § 3, 1968)
10.15.040 Notice to remove – Delivery.
Said notice shall be served upon the person or persons to whom the same is directed by delivering the same to such person in person, or by mailing the same to his/her last known address as shown on the registration certificate or known to the person making such service by certified mail. The date of service shall be the date of delivery of said notice, or the date of mailing, as the case may be. Affidavit of the person making such service shall be evidence thereof. (Ord. 519, 2009; Ord. 252 § 4, 1968)
10.15.050 Failure or refusal to comply.
If the owner or person responsible for leaving such vehicle shall fail or refuse to remove said vehicle within the time set out in said notice, (s)he shall be charged with a violation of the provisions of this chapter. Each day of such failure or refusal beyond the date set out in said notice shall constitute a separate offense and shall be punished as herein provided. (Ord. 519, 2009; Ord. 252 § 5, 1968)
10.15.060 Violation – Penalty.
Any person violating the provisions of this chapter shall, upon conviction thereof, be fined by a fine not less than $20.00 nor more than $200.00, and in addition thereto $20.00 for each day in which the violation continued after the first day of violation following the date in the notice provided for removal. (Ord. 519, 2009; Ord. 252 § 6, 1968)
10.15.070 Additional penalties.
In addition to any penalty herein provided, the town’s law enforcement agency or person giving said notice may remove such vehicle from such public place at the expense of the owner or person depositing the same, and the costs thereof may be assessed as costs in any action commenced for the violation of this chapter, which must be repaid by the owner or person authorized to reclaim the same before repossessing the same. (Ord. 519, 2009; Ord. 252 § 7, 1968)
10.15.080 Defense to actions under this chapter.
The removal of such vehicle from one public place to another within the town of Cathlamet, or the removal of such vehicle following the receipt of such notice to a place within or without the town of Cathlamet, and the return thereof to the same or another place within said town, either before or after the expiration of said notice, shall be no defense to any action hereunder. (Ord. 519, 2009; Ord. 252 § 8, 1968)
10.15.090 Definitions.
The terms used in this chapter are defined as follows:
(1) “Vehicle” means any conveyance, whether self-propelled or otherwise, designed for the transportation of persons or property on land or water.
(2) “Disabled vehicle” means any vehicle which has been damaged or rendered inoperative as the result of accident or any other cause, or is being repaired or remodeled.
(3) “Stored vehicle” means any vehicle which has stood or been parked in any public place without movement in the town of Cathlamet for more than 10 consecutive days, irrespective of its operational condition.
(4) “Abandoned vehicle” means any vehicle which appears to have no known owner or possessor, or for whom service of notice to remove said vehicle pursuant to CMC 10.15.040 has proved unsuccessful. Any vehicle not displaying current valid license plates or tags shall be deemed abandoned for the purpose of this chapter.
(5) “Person” means any person, firm or corporation.
(6) “Public place” shall mean any public street, alley, sidewalk, park or public property within said town. (Ord. 519, 2009; Ord. 252 § 9, 1968)