Chapter 10.20
ABANDONED VEHICLES

Sections:

10.20.010    Applicability.

10.20.020    Wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof on private property.

10.20.030    Abandoned vehicle hulks on public property or abandoned vehicles on either public or private property.

10.20.040    Violation – Penalty.

10.20.010 Applicability.

This chapter shall implement and be supplementary to the provisions of the Washington Model Traffic Ordinance, Chapter 46.90 RCW, and shall be construed in a manner consistent with the provisions thereof. (Ord. 626 § 4, 1981)

10.20.020 Wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof on private property.

Pursuant to RCW 46.52.117 and 46.90.300, the following procedures are established for the abatement and removal of wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof on private property within the City:

A.    The storage or retention of an automobile hulk, whether abandoned or not, on private property shall constitute an infraction and shall constitute a public nuisance subject to removal and impoundment unless it is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property, or is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer fenced according to the provisions of RCW 46.80.130. An “automobile hulk” includes any wrecked, dismantled or inoperative motor vehicle or part thereof which cannot be made an operative motor vehicle without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.

B.    The Chief of Police shall inspect and investigate complaints relative to automobile hulks or parts thereof on private property. Upon discovery of such nuisance, the Police Department shall give notice in writing to the last registered owner of record of the automobile hulk and also to the property owner of record that a public hearing may be requested before the City Council, and that if no hearing is requested within 10 days, the automobile hulk will be removed. Costs of removal may be assessed against the last registered owner of the automobile hulk if the identity of such owner can be determined, or the costs may be assessed against the owner of the property on which the automobile hulk is stored.

C.    If a request for a hearing is received, a notice giving the time, location and date of such hearing on the question of removal and impoundment of the automobile hulk or part thereof as a public nuisance shall be mailed, by certified or registered mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the automobile hulk, unless the automobile hulk is in such condition that identification numbers are not available to determine ownership.

D.    The owner of the land on which the automobile hulk 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 hulk on the land, with his reasons for such denial. If it is determined at the hearing that the hulk was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the City Council shall not assess costs of administration or removal of the hulk against the property upon which the hulk is located or otherwise attempt to collect such cost from the property owner.

E.    After notice has been given of the intent of the City to dispose of the automobile hulk and after a hearing, if requested, has been held, the automobile hulk or part thereof shall be removed, at the request of a police officer, and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the department that the automobile hulk has been wrecked. Any automobile hulk impounded pursuant to this section shall be processed in the manner prescribed by RCW 46.52.111, 46.52.112, 46.52.1194, 46.52.1196 and other pertinent provisions adopted in the Washington Model Traffic Ordinance, Chapter 46.90 RCW.

F.    The City may, after removal of an automobile hulk from private property, file for record with the county auditor to claim a lien for the cost of removal, which shall be in substance in accordance with the provision covering mechanics’ liens in Chapter 60.04 RCW, and the lien shall be foreclosed in the same manner as such liens. (Ord. 626 § 1, 1981)

10.20.030 Abandoned vehicle hulks on public property or abandoned vehicles on either public or private property.

Pursuant to RCW 46.90.300 and 46.52.116, the following procedures are established for the abatement and removal of abandoned vehicle hulks on public property and for the abatement and removal of abandoned vehicles on either public or private property:

A.    The leaving of an abandoned motor vehicle hulk upon public property or an abandoned motor vehicle upon either public property or upon the property of another without the consent of the owner of such property for a period of 24 hours or longer shall constitute a public nuisance subject to abatement, removal and monetary penalties unless 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.

B.    A law enforcement officer discovering an apparently abandoned vehicle or abandoned vehicle hulk shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:

1.    The date and time the sticker was attached;

2.    The identity of the officer;

3.    A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and

4.    The address and telephone number where additional information may be obtained.

C.    If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.

D.    If the vehicle or hulk is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle or hulk and provide for the vehicle or hulk’s removal to a place of safety. For the purposes of this section a place of safety includes the business location of a registered disposer.

E.    When a vehicle or hulk is impounded pursuant to RCW 46.61.565(4), the Police Department shall, within 24 hours after the impoundment, mail notification of the impoundment to the last registered owner and the legal owner of the vehicle as shown on the records of the Department of Licensing or as otherwise reasonably ascertainable. The notification shall contain a certificate of mailing and shall inform the registered owner of the impoundment, redemption procedures, and opportunity for a hearing to contest the basis for the impoundment. The notice need not be mailed if the vehicle is redeemed prior to the mailing of the notice or if the registered owner and the legal owner are not reasonably ascertainable.

F.    Upon impoundment of a vehicle pursuant to this section, the law enforcement officer shall also provide the registered disposer with the name and address of the last registered owner and legal owner of the vehicle as may be shown by the records of the department or as otherwise reasonably ascertainable.

G.    The notification provided for in this section shall inform the registered owner that any hearing request shall be directed to the Ferndale Municipal Court and shall be accompanied by a form to be utilized for the purpose of requesting a hearing. Any request for a hearing pursuant to this section shall be made in writing on the form provided for that purpose and must be received by the Court within 10 days of the date the notification provided for in this section was mailed. If the hearing request is not received by the court within the 10-day period, the right to a hearing is waived and the registered owner shall be liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment and any infractions alleged.

H.    Removal and storage of a vehicle or hulk under RCW 46.52.170 through 46.52.190 or under RCW 46.61.565 shall be at the owner’s expense, except as provided in RCW 46.52.104 or 46.52.106, or as otherwise directed at a hearing requested by the owner.

I.    Any abandoned vehicle or abandoned vehicle hulk impounded pursuant to this section shall otherwise be processed in the manner prescribed by RCW 46.52.111, 46.52.112, 46.52.170, 46.52.180, 46.52.190, 46.52.200 and other pertinent provisions adopted in the Washington Model Traffic Ordinance, Chapter 46.90 RCW. (Ord. 626 § 2, 1981)

10.20.040 Violation – Penalty.

Any person allowing a public nuisance in violation of this chapter shall be subject to the maximum monetary penalty prescribed for the infraction in an amount not to exceed $250.00 for each offense in addition to costs of removal, storage and disposition of any vehicle, vehicle hulk or part thereof. Each day that a public nuisance is allowed to continue in violation of this chapter shall be considered a separate offense. (Ord. 626 § 3, 1981)