Chapter 8.16
JUNK VEHICLE ABATEMENT
Sections:
8.16.020 Junk vehicles on public property.
8.16.030 Junk vehicles on private property.
8.16.050 Landowners' lack of consent.
8.16.070 Costs assessed to owner.
8.16.010 Definitions.
A. “Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for ninety-six consecutive hours.
B. “Impound” means to take and hold a vehicle in legal custody. There are two types of impounds--public and private.
1. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
2. “Private impound” means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
C. “Junk vehicle” means a motor vehicle certified by the proper public official as having met 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. Is without a valid, current registration plate;
5. Has an approximate fair market value equal only to the approximate value of the scrap in it.
D. “Residential property” means property that has not more than four living units located on it.
E. “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
1. Public locations:
a. Constituting an accident or a traffic hazard as defined in RCW 46.55.113 . . . . . . . . . . . . immediately
b. On a highway or town street and tagged as described in RCW 46.55.085 . . . . . . . . . . . . . . . . . . 24 hours
c. In a publicly owned or controlled parking area properly posted under RCW 46.55.070 . . . . . . . . . immediately
2. Private locations:
a. On residential property . . . . . . . immediately
b. On private, nonresidential property, properly posted under RCW 46.55.070 . . . . . . . . . . . . . . . immediately
c. On private, nonresidential property, not properly posted under RCW 46.55.070 . . . . . . . . . . . . . 24 hours
F. “Public property” means any publicly owned property, including the dedicated portions of highways, streets and alleys, whether developed or not; public parts and public parking lots and any other property owned by the town of Wilbur.
G. All other words shall have their normal ordinary meaning unless the context or subject matter clearly requires otherwise.(Ord. 293 §3(part), 1995)
8.16.020 Junk vehicles on public property.
Junk vehicles as defined in this chapter found parked or stored on public property are declared a public nuisance and may be abated as follows:
A. The Wilbur police department shall be notified and shall determine whether a vehicle parked on public property is a junk vehicle or an unauthorized vehicle as herein defined. Upon such determination the sheriff shall post a notice of intention to impound in a prominent place on said vehicle, such notice citing this chapter as authority to impound, shall give the time and date of posting, and shall provide that if such vehicle is not removed from the public property within four days of the posting in the case of a junk vehicle or in the case of an unauthorized vehicle the notice as set out in Section 8.16.010(E); that the vehicle shall be impounded. If the vehicle is parked along a right-of-way, the Wilbur police department shall also notify the owner of the property in front of which the vehicle is parked.
B. If, after the expiration of the notice period described in Section 8.16.020(A) the vehicle remains on public property, the Wilbur police department shall arrange for the removal of the vehicle to a safe place, and shall see that the notice provisions of RCW 46.55.110 are complied with which notice provisions shall contain written notice of right of redemption and the opportunity to request a hearing as to the validity of the impoundment. Costs of the impoundment shall be considered part of the redemption price unless it is determined at such hearing that the impoundment was invalid. (Ord. 293 §3(part), 1995)
8.16.030 Junk vehicles on private property.
Junk vehicles as defined in this chapter, or parts of such vehicles, found parked or stored on private property are declared a public nuisance and may be abated as follows:
A. Upon notice that a vehicle parked or stored on private property may be a junk vehicle as herein defined, the Wilbur police department shall be notified and shall investigate and inspect the vehicle and shall make an initial determination as to whether or not the vehicle is a junk vehicle as herein defined. If the vehicle is determined to be a junk vehicle the Wilbur police department shall record the make and vehicle identification number or license number if available, and shall also verify that the vehicle meets the qualifications of a junk vehicle as described herein and shall so note in writing which portions of the definition exist.
B. If the vehicle is determined to be a junk vehicle, the Wilbur police department shall notify the last registered owner of record and the property owner of record of the determination and advise them that a hearing may be requested in writing to the town clerk within fifteen days of the date of the notice, and if no hearing is requested, after such fifteen days the vehicle may be removed by the town and the costs of removal may be assessed against the last registered owner of the vehicle or the owner of the property on which the vehicle is stored. (Ord. 293 §3(part), 1995)
8.16.040 Exceptions.
This chapter shall not apply to (A) a vehicle or part thereof completely enclosed within a building, garage or carport; or (B) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer. (Ord. 293 §3(part), 1995)
8.16.050 Landowners' lack of consent.
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 his 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, the town 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 from the owner. (Ord. 293 §3(part), 1995)
8.16.060 Notice.
After notice has been given of the intent of the town to dispose of the vehicle and after a hearing, if requested, has been held, and the period of appeal therefor elapsed, the vehicle shall be removed at the request of the Wilbur police department with notice to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked, and may dispose of such vehicle as scrap. (Ord. 293 §3(part), 1995)
8.16.070 Costs assessed to owner.
Costs of the removal of junk vehicles or parts thereof may be assessed against the registered owner of the vehicle if the ownership of the vehicle can be ascertained, or the costs of removal may be assessed against the owner of the property on which the vehicle is stored. Such costs shall be considered to be an indebtedness to the town, and may be collected in the same manner as any other debt. (Ord. 293 §3(part), 1995)
8.16.080 Hearing.
If a request for hearing is received by the town clerk, the same shall be forwarded to the administrative hearing officer appointed pursuant to this chapter, who shall set a time for hearing.
Not less than five days' notice, sent by return receipt requested mail (certified) shall give the time, location, and date thereof, shall be sent to the last registered and legal owner of the vehicle in the case of impounded vehicles, and to the owner of the land as shown on the last equalized assessment roll and to the last registered owner of the vehicle (unless the vehicle is in such condition that identification numbers are not available to determine ownership) in the case of junk vehicles on private property. (Ord. 293 §3(part), 1995)
8.16.090 Hearing officer.
The land use hearing examiner (Chapter 2.28 of this code) shall conduct hearings that may be requested under this chapter. Such officer shall be empowered to administer oaths, to take evidence as herein provided, and to make determinations required hereunder. Decision may be announced orally at the hearing, but a written copy thereof shall be given to the Wilbur police department, the person requesting the hearing, the owner of the property and the registered and legal owner of the vehicle involved. The decision of the hearing examiner shall be final unless the same is appealed within ten days to the district court for final judgment. (Ord. 293 §3(part), 1995)