Chapter 10.34
ABANDONED, UNAUTHORIZED AND JUNK MOTOR VEHICLES
Sections:
10.34.010 Abatement and removal of unauthorized junk motor vehicles or parts thereof from private property.
10.34.020 Impound authorization form.
10.34.010 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(5), 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 Police Department shall give notice in writing to the last registered owner of record and the property owner of record that a hearing may be requested before the District Court and that 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 5-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, 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 landowner and that he has not subsequently acquiesced in its presence, then the District Court shall not access 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; or
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.
F. After notice has been given of the City’s intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle 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 of Licensing that the vehicle has been wrecked. (Ord. 1733 § 14, 1986).
10.34.020 Impound authorization form.
Whenever an officer impounds a vehicle pursuant to the provisions of this chapter, the officer shall complete an authorization form approved by the Chief of Police which specifies the section of this chapter or Chapter 46.55 RCW authorizing the impound. The impound authorization form may include a law enforcement notice of infraction or citation for an offense for which an impound is authorized. (Ord. 1831 § 1, 1989).