Chapter 8.40
JUNK VEHICLES

8.40.000    Chapter Contents

Sections:

8.40.010    Purpose.

8.40.020    Definitions.

8.40.030    Exemptions.

8.40.040    Abatement and removal of junk vehicles on private property.

8.40.050    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

8.40.010 Purpose

It is the purpose of this chapter to:

A.    Establish procedures for the abatement and removal of junk vehicles and parts thereof as public nuisances pursuant to RCW 46.55.240;

B.    Decrease the likelihood of criminal conduct associated with junk vehicles;

C.    Enhance the aesthetic qualities of Olympia;

D.    Conserve and stabilize property values;

E.    Reduce the inherent environmental, public health, and safety problems associated with junk vehicles;

F.    Prevent overcrowding of land; and

G.    Secure safety from fire and provide adequate open spaces for light and air.

(Ord. 5619 §1, 1996).

8.40.020 Definitions

For the purposes of this chapter, the following words shall have the following meaning:

A.    "Administrative Review" means a public hearing.

B.    "Enforcement Officer" means the Building Official or any City official or employee designated by him or her or a police officer.

C.    "Junk Vehicle" means any vehicle meeting at least three of the following requirements:

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.

D.    "Landowner" means an owner of real property.

E.    "Vehicle" means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, trucks, trailers, motorcycles, and tractors, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(Ord. 5619 §1, 1996).

8.40.030 Exemptions

The provisions of this chapter shall not apply to:

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

B.    A vehicle or part thereof which is 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 the provisions of RCW 46.80.130 or its successor statute.

(Ord. 5619 § 1, 1996).

8.40.040 Abatement and removal of junk vehicles on private property

A.    The storage or retention of a junk vehicle on private property for more than thirty days is declared to constitute a public nuisance subject to abatement by removal and disposal. The enforcement officer will inspect and investigate complaints and observations regarding junk vehicles, or part(s) thereof, on private property. Upon discovery of such nuisance, the enforcement officer will inspect the vehicle to determine if it meets the requirements of OMC 8.40.020. In the event the inspection by the enforcement officer confirms that the vehicle or part(s) thereof in question meet the criteria of OMC 8.40.020, then the enforcement officer shall give notice in writing to the last registered owner of record of the junk vehicle or part(s) thereof and also to the property owner(s) of record, where such junk vehicles or part(s) thereof are located, that an administrative review may be requested before the Director of Community Planning and Development or his/her designee and that if no administrative review is requested within ten days the junk vehicle or part(s) thereof shall be removed. Costs of removal may be assessed against the registered owner of the junk vehicle or part(s) thereof if the identity of the owner can be determined unless the owner of the vehicle or part(s) thereof in the transfer of ownership has complied with RCW 46.12.101 or its successor statute or the costs may be assessed against the landowner of the property on which the junk vehicle is stored.

B.    If a request for an administrative review is received, the enforcement officer shall mail a notice giving the time, location, and date of such hearing on the question of the abatement of the junk vehicle or part(s) thereof as a public nuisance, by certified mail, with a five-day return receipt requested, to the owner of the land on which the junk vehicle or part(s) thereof is located, as shown on the last equalized assessment roll of the County Assessor and to the last registered and legal owner of record of the junk vehicle unless the junk vehicle is in such condition that the identification numbers are not available to determine ownership.

C.    The owner of the land on which the junk vehicle is located may appear in person at the administrative review or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the junk vehicle or part(s) thereof was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the Director of Community Planning and Development or his/her designee shall not assess costs of administration and removal of the junk vehicle or part(s) thereof against the property upon which the junk vehicle is located or otherwise move to collect such costs from the property owner; provided, the City may, at its own expense, remove the junk vehicle of part(s) thereof and assess and collect the cost of administration and removal from the last registered owner of the vehicle or parts thereof.

D.    After notice has been given of the intent of the City to dispose of the junk vehicle, and after an administrative review, if requested, has been held and resolved in favor of the City, or if no administrative review was timely requested, the junk vehicle, or part(s) thereof, shall be removed, at the request of the enforcement officer, and disposed of by a registered tow truck operator with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. At the time of removal, the enforcement officer is hereby authorized to go onto private property where the junk vehicle is located. The removal costs may be paid out of the City’s Building Demolition and Nuisance Abatement Revolving Account, subject to subsequent collection and reimbursement, which account was created under Ordinance 5247, as amended.

E.    The enforcement officer is authorized and directed to collect by all lawful means the cost of removal of junk vehicles or their parts from the responsible party.

(Ord. 5619 §1, 1996).

8.40.050 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    Unless otherwise allowed by ordinance and as an additional and concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to store or retain or allow another to store or retain a junk vehicle upon private property for more than thirty (30) days. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §28, 2001; Ord. 5619 §1, 1996).