Chapter 10.64
ABANDONED VEHICLES
Sections:
10.64.020 Prohibition of abandoned/junked, dangerous and public nuisance vehicles.
10.64.030 Antique vehicle restoration – Waiver.
10.64.040 Antique vehicle restoration – Waiver – Form.
10.64.060 Removal and/or impounding of vehicle.
10.64.070 Violation – Penalties.
10.64.010 Definitions.
The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
“Abandoned/junk vehicle” means a motor vehicle that meets all the following requirements, as defined by RCW 46.79.010:
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. Is without a valid, current registration plate; and
5. Has a fair market value equal only to the value of the scrap in it.
“Dangerous vehicle” means a motor vehicle that meets all the following requirements:
1. The vehicle has been placed on blocks or any other device for the purpose of removing any wheel or wheels, or keeping a wheel or wheels off the ground;
2. The vehicle has been left on a public roadway or public right-of-way for more than 12 hours; and
3. The vehicle is deemed to be unsafe and a public hazard by the chief of police or his designee.
“Public nuisance vehicle” means a motor vehicle, other than a motor home, camper or off-road vehicle, as defined by the Department of Licensing, that meets all the following requirements:
1. Is located on public or private property within the city limits of the city of Zillah;
2. Is wrecked, junked, partially dismantled, inoperative or damaged to any degree which results in the vehicle not being capable of being operated whether attended or not, or the vehicle is not currently licensed in any state and has not been so licensed for four or more months. If the vehicle does not have license plates attached and a check of the Department of Licensing through the computerized state system (ACCESS) is unable to locate a license record using the VIN, the vehicle is deemed to be unlicensed;
3. Is not fully enclosed within a building;
4. Is not kept, 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 46.80.131; and
5. For which the property owner/vehicle owner has not requested and received a waiver from the chief of police or his designee authorizing the location of the vehicle for restoration as set forth in this chapter. (Ord. 814 § 1, 1996)
10.64.020 Prohibition of abandoned/junked, dangerous and public nuisance vehicles.
It is unlawful for any person to permit, allow or maintain an abandoned/junked vehicle, a dangerous vehicle, or a public nuisance vehicle after receiving notice from the city of Zillah to abate the condition or remove the vehicle in the manner described hereinbelow.
A. Notice for Abandoned/Junked Vehicles and Public Nuisance Vehicles. For any vehicle meeting the definition of an “abandoned/junked vehicle” or “public nuisance vehicle.”
1. Licensed Vehicle. If the city of Zillah is able to determine the identity of the registered owner of said vehicle, notice shall be given by attaching to the vehicle in a conspicuous manner a notice as described in ZMC 10.64.050. Said notice shall also be mailed by certified mail, return receipt requested, advising said registered owner of the seven-day period of time within which to abate the problem and/or remove the vehicle. After the seven-day time period has expired, and if the registered owner or some person on his or her behalf has not responded to the notice or requested action, the vehicle may be impounded and/or removed.
2. Unlicensed Vehicles. In the event the abandoned/junk vehicle or public nuisance vehicle is unlicensed and the city of Zillah is unable to locate a license record or determine the owner of the vehicle by other means, the notice shall be conspicuously attached to the vehicle for a period of 20 calendar days. In addition, the notice to abate the condition or remove the vehicle shall be published in a local newspaper of general circulation; provided, however, that if the vehicle is located on private property, the notice may be mailed to the owner of said property, return receipt requested, and publication in a newspaper shall not be required. After the 20-day time period has expired, and if the registered owner or some person on his or her behalf has not responded to the notice or requested action the vehicle may be impounded and/or removed.
B. Dangerous Vehicles. For any vehicle meeting the definition of “dangerous vehicle,” the city of Zillah shall not be required to send or conspicuously attach written notice for any period of time. The chief of police or his designee shall make a reasonable attempt and effort to locate the owner or custodian of the dangerous vehicle. Should the owner or custodian of the vehicle be located, the city of Zillah shall give oral notice that the dangerous vehicle must be removed or the condition abated within 24 hours of the time of verbal notice. After 24 hours, or should the city of Zillah not be able to locate the owner or custodian of the dangerous vehicle, the vehicle may be removed or impounded in a manner consistent with this chapter. (Ord. 814 § 2, 1996)
10.64.030 Antique vehicle restoration – Waiver.
A vehicle may be considered antique, for the purpose of this chapter, if it is more than 20 years old and in restorable condition. Restorable condition shall be when the vehicle is substantially intact with the body, frame, fenders, doors, wheels and motor. The owner of an antique vehicle as defined in this section may notify the chief of police of his/her intent to restore the antique vehicle. When the chief of police or his designee is so notified, and the condition of the vehicle is verified, the owner shall be issued a written waiver of this chapter, provided, the vehicle meets the definition of an antique vehicle in restorable condition, and the vehicle is placed or parked on private property. The waiver shall be valid for six months and any owner may receive two such waivers for the same vehicle. The written waiver shall be attached to the vehicle in a conspicuous place. There shall be no fee or cost for the waiver. (Ord. 814 § 3, 1996)
10.64.040 Antique vehicle restoration – Waiver – Form.
The written notice of waiver shall be substantially the following form:
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ANTIQUE VEHICLE RESTORATION WAIVER |
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Date issued: _______________________________________ |
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Date expires: _______________________________________ |
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Issued to: |
Name ______________________________________________ |
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Address ____________________________________________ |
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Telephone |
(Home) ____________________________ |
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(Work) _____________________________ |
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Vehicle Information: |
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MAKE: ___________ MODEL: ___________ YEAR: ___________ COLOR: __________ |
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LICENSE #: ___________________________________________________ |
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LOCATION OF VEHICLE: ________________________________________ |
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I, ______________________________, request a waiver of the “Abandoned Vehicle Ordinance” from the City of Zillah. I am keeping the above-described vehicle for the purpose of restoration. I understand and agree to keep the vehicle on private property. I understand this waiver expires six (6) months from the date of issuance. |
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Owner of vehicle/property |
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Chief of Police |
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(Ord. 814 § 4, 1996)
10.64.050 Notice.
The notice attached to the vehicle and/or mailed to the registered owner of the vehicle or of the owner of real private property shall include the following:
A. Location of the vehicle;
B. Description of the vehicle and its condition;
C. Description/reason for the violation of this chapter;
D. Notice that the vehicle will be impounded or removed if the owner or custodian fails to abate or remedy the problem;
E. Notice that a hearing may be requested;
F. Notice that 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 his reasons for the denial;
G. Notice that costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner 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. (Ord. 814 § 5, 1996)
10.64.060 Removal and/or impounding of vehicle.
The chief of police or any police officer authorized by him is authorized to cause the removal and/or impoundment of any abandoned/junk, dangerous or nuisance vehicle; provided, notice has been given as provided in this chapter to the registered or legal owner, or to the owner of the property on which the vehicle is located. If a hearing has been requested, no action shall be taken until a hearing has been held and written order from the administrative hearing officer has been received. Whenever the chief of police or his designee removes a vehicle as authorized by this chapter or by order of the administrative hearing officer, he shall report or cause to be reported the impoundment of the vehicle to the chief of the Washington State Patrol or his authorized representative. The chief of police or his designee shall order the removal of the vehicle by a properly licensed towing company using a standard vehicle impound form from the Department of Licensing. Further, the vehicle may not be removed by the owner until the costs of impoundment, towing and storage is paid. In the event the owner fails to claim the abandoned/junk, dangerous or nuisance vehicle within 15 days, the vehicle may be auctioned and/or sold by the persons impounding it in a manner provided by law. (Ord. 814 § 7, 1996)
10.64.070 Violation – Penalties.
Any person who shall violate any provision of this chapter, particularly any person who fails to remove an abandoned/junk vehicle, a dangerous vehicle or a public nuisance vehicle from property located within the corporate limits of the city of Zillah, Washington, shall be guilty of a civil infraction. The chief of police, or any other police officer of the city of Zillah, shall be authorized to issue a notice of infraction to a responsible party. The infraction shall be processed through the municipal court of the city of Zillah in the same fashion as traffic infractions. The party receiving an infraction notice shall have the right to contest or mitigate the infraction in the Zillah municipal court. The fine or penalty to be imposed upon any person committing an infraction shall be an amount up to $250.00 for a first violation, and up to $500.00 for a subsequent violation committed within 24 months of the time of the first violation. The party receiving the infraction shall be entitled to a hearing before the Zillah municipal court and, in any such hearing, the city of Zillah shall be required to establish that this chapter has been violated by a preponderance of the evidence. The party receiving an infraction shall not be entitled to the appointment of an attorney without cost because this matter is an infraction and jail time is not remedy to the city for violations of this chapter. (Ord. 852 § 2, 1998; Ord. 814 § 6, 1996)