Chapter 10.28
ABANDONED, UNAUTHORIZED
AND JUNK VEHICLES
Sections:
10.28.010 State law incorporated by reference.
10.28.010 State law incorporated by reference.
The following statutes of the State of Washington, including all future amendments thereto, are hereby adopted by reference:
A. RCW 46.55.010 Definitions;
B. RCW 46.55.070 Posting Requirements – Exception;
C. RCW 46.55.080 Law Enforcement Impound, Private Impound;
D. RCW 46.55.090 Storage, Return Requirements – Personal Belongings – Combination Endorsement for Two Truck Drivers – Authority to View Impounded Vehicle;
E. RCW 46.55.100 Impound Notice – Abandoned Vehicle Report – Disposition Report;
F. RCW 46.55.110 Notice to Legal and Registered Owners;
G. RCW 46.55.113 Removal by Police Officer, When;
H. RCW 46.55.120 Redemption of Vehicles – Sale of Unredeemed Vehicles;
I. RCW 46.55.130 Notice Requirements – Public Auction – Accumulation of Storage Charges;
J. RCW 46.55.140 Operator’s Lien, Deficiency Claim, Liability; and
K. RCW 46.55.230 Junk Vehicles – Certification, Notification, Removal, Sale. (Ord. 476 § 2, 1988).
10.28.020 Hearing officer.
All hearings required under this chapter, and those required by RCW 46.20.435 and WAC 308-61-168, shall be conducted by a judge for the Douglas County district court. A decision made by said judge shall be final. (Ord. 476 § 2, 1988).
10.28.030 Abatement and removal of unauthorized junk motor vehicles or parts thereof from private property.
A. The storage or retention of an unauthorized junk motor vehicle, as defined in RCW 46.55.010(4), on private property is declared to constitute a public nuisance subject to removal and impoundment. The police shall inspect and investigate complaints relative to unauthorized junk motor vehicles, or parts thereof, on private property. Upon discovery of such nuisance, the sheriff’s department shall give notice in writing to the last registered owner of record to abate the nuisance or face removal of said vehicle and informing the property owner of record that a hearing before a judge of the Douglas County district court may be requested in writing directed to the Douglas County sheriff within 10 days of said notice. If no hearing is requested within 10 days, the vehicle will be removed.
B. If a request for a hearing is received, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment role and to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership.
C. 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 reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner, and that he has not subsequently acquiesced in its presence, then the 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.
D. Costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes the facts set forth above in subsection B.
E. This section shall not apply to:
1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
2. A vehicle or part thereof that 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 RCW 46.80.130;
3. A vehicle or part thereof that is completely and permanently screened from the street or other public or private premises or property; provided, that the screening type and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vector; or
4. A vehicle that has a valid current Washington State Department of Licensing collector plate that meets the definition and requirements of the Department. A vehicle claimed to be a “collectable,” “classic,” or other similar status shall not be deemed as such unless meeting the requirements for a collector vehicle plate as determined by the Department.
F. After notice has been given of the town’s intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or parts 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 of Licensing that the vehicle has been wrecked. (Ord. 768 § 3, 2016; Ord. 476 § 2, 1988).
10.28.040 Penalties.
Any person violating any provision of this chapter shall be guilty of an infraction and shall be punished by a penalty of up to $250.00 for each day that the violation continues. (Ord. 476 § 2, 1988).