Chapter 5.52
INOPERATIVE VEHICLES

Sections:

5.52.040  Definitions.

5.52.080  Declared nuisance.

5.52.120  Duty of police chief.

5.52.160  Removal hearing – Notice issuance.

5.52.200  Property owner liability.

5.52.240  Removal to wrecker – Disposal – Disposition of proceeds.

5.52.280  Collection of removal costs.

5.52.040 Definitions.

For the purposes of this chapter, an “abandoned vehicle” means any vehicle left upon the private property of another without the consent of the owner of such property for a period of 24 hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.

A “wrecked, dismantled, or inoperative vehicle or automobile hulk” means the remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs. [Ord. 3493 § 2, 1985.]

5.52.080 Declared nuisance.

Abandoned, wrecked, dismantled, or inoperative vehicles or automobile hulks or parts thereof on private property are declared to be public nuisances which shall be abated and removed as provided in this chapter; provided, that this chapter shall not apply to:

A. Any vehicle or hulk or part thereof which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or

B. Any vehicle or hulk or part thereof stored or parked in a lawful manner in connection with the business of a licensed dismantler or licensed vehicle dealer, on private property fenced in accordance with the provisions of RCW 46.80.130; or

C. Any vehicle or hulk or part thereof stored or parked on private property in connection with the business of an auto wrecking yard or junkyard fenced in accordance with the provisions of applicable laws and ordinances. [Ord. 3493 § 2, 1985.]

5.52.120 Duty of police chief.

The city police chief shall enforce this chapter and shall be responsible for the abatement and removal of any vehicle or hulk or part thereof declared in ECC 5.52.080 to be a public nuisance. [Ord. 3493 § 2, 1985.]

5.52.160 Removal hearing – Notice issuance.

Before abatement and removal of any such vehicle or hulk or part thereof from private property, the city police chief shall give notice that a public hearing may be requested before the city council and that if no such hearing is requested within 10 days of the date of such notice, the vehicle or hulk or part thereof described in the notice will be abated and removed by the city and the costs of such abatement and removal collected from the registered owner of such vehicle or hulk or part thereof or from the owner of the property upon which such vehicle or hulk or part thereof is located.

Upon receipt of any such request for public hearing, the city council may, by resolution, set a date for public hearing on the question of abatement and removal of the vehicle or hulk or part thereof as a public nuisance and shall cause to be given notice of the time, location and date of such hearing.

The notices provided for in this section shall be mailed by certified or registered mail, with a five- day return requested, to the address of the owner of the property on which such vehicle or hulk or part thereof is located, as shown on the real estate tax records of the Kittitas County treasurer and, if identification numbers are available to determine ownership, to the last known address of the last registered and legal owner(s) of record of such vehicle or hulk or part thereof. [Ord. 3493 § 2, 1985.]

5.52.200 Property owner liability.

The owner of the property, upon which any such vehicle or hulk or part thereof is located, may appear at such hearing in person or may timely present a written statement for consideration at such hearing, and may deny responsibility for the presence of such vehicle or hulk or part thereof on such property, giving reasons for such denial. If it is determined at such hearing that the vehicle or hulk or part thereof was placed on such property without the consent of the property owner, and that he has not subsequently acquiesced in its presence, then the city shall not attempt to collect the cost of abatement and removal or any part thereof from the property owner. [Ord. 3493 § 2, 1985.]

5.52.240 Removal to wrecker – Disposal – Disposition of proceeds.

After notice has been given of the city's intent to abate and remove any such nuisance and, after public hearing, if such is requested, all as provided in ECC 5.52.160, the city police chief shall cause such vehicle or hulk or part thereof to be removed and disposed of to a licensed auto wrecker and shall give notice to the Washington State Patrol and the Washington State Department of Motor Vehicles that such vehicle or hulk or part thereof has been wrecked, and the proceeds of any such disposition shall be used to defray the costs of abatement and removal of any such vehicle, hulk or part thereof, including costs of administration. [Ord. 3493 § 2, 1985.]

5.52.280 Collection of removal costs.

The costs of abatement and removal of any such vehicle, hulk or part thereof, including costs of administration, shall be collected from the last registered owner thereof if the identity of such owner can be determined and unless such owner in the transfer of ownership thereof has complied with RCW 46.12.101 as amended; or, except as provided in ECC 5.52.200, costs shall be collected from the owner of the property on which such vehicle, hulk or part thereof is located. [Ord. 3493 § 2, 1985.]