Chapter 8.10
ABATEMENT OF JUNK VEHICLES AND VEHICLE STORAGE

Sections:

Article I. Junk Vehicles

8.10.010    Purpose.

8.10.020    Definitions.

8.10.030    Certification.

8.10.040    Exemptions.

8.10.050    Junk vehicle violation – Remedy.

Article II. Vehicle Storage

8.10.060    Storage of certain vehicles and components prohibited.

8.10.070    Exceptions.

8.10.080    Vehicle storage violation – Penalty.

8.10.090    Third party liability.

Article I. Junk Vehicles

8.10.010 Purpose.

The purpose of this chapter is to preserve the character and safety of the city’s neighborhoods by eliminating junk vehicles and improperly stored vehicles as nuisances from private property, and to provide procedures for the removal of junk vehicles and improperly stored vehicles as authorized by RCW 46.55.240. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.020 Definitions.

For the purposes of this chapter the following words shall have the following meanings:

(1) “Code compliance officer” means the director of planning and community development or his designee.

(2) “Junk motor vehicle” means any vehicle substantially meeting three of the following requirements:

(a) Is extensively damaged, such damage including, but not limited to, broken windshields, missing wheels, tires, motor or transmission;

(b) Is apparently inoperable;

(c) Is without a valid current license plate and tabs;

(d) Has an approximate fair market value equivalent only to the approximate value of the scrap in it.

(3) “Owner” or “property owner of record” means any person owning property as shown on the real property records of King County or on the last assessment roll for taxes, and shall also mean any lessee, tenant or other person having control or possession of the property.

(4) “Property” means land and any buildings or structures located thereon.

(5) “Recreational vehicle” means a camping trailer, travel trailer, motor home, truck camper and any similar vehicular-type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motor power, being of such size and weight as to be operable over highways without requirement of a special highway movement permit. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.030 Certification.

The code compliance officer may inspect and certify, to the best of his or her knowledge, that a vehicle meets the requirements of a junk motor vehicle. Such certification shall be in writing and shall record the make of the vehicle, the vehicle identification number and the license plate number of the vehicle, if available. The code compliance officer shall also describe in detail at least three of the following:

(1) The model year and age of the vehicle;

(2) The damaged or missing equipment or condition of the vehicle;

(3) The factors supporting a determination that the vehicle is apparently inoperable;

(4) The absence of a valid, current license plate; and

(5) The approximate fair market value of the vehicle and the value of the scrap in it. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.040 Exemptions.

The provisions of this chapter relating to junk vehicles shall not apply to the following:

(1) 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

(2) 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. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.050 Junk vehicle violation – Remedy.

(1) Unless exempted under CMC 8.10.040, it shall be a violation of this chapter to park, store or abandon junk vehicles on private property.

(2) If the city determines that such a violation has occurred or is occurring, the city shall remedy said violation in accordance with the civil code enforcement procedures established in Chapter 1.30 CMC; except that the last registered and legal owner(s) of the junk vehicle and the property owner of record shall be given any notice required by Chapter 1.30 CMC. Said notice need not be provided to the last registered and legal owner(s) of the vehicle if the vehicle is in such condition that the identification numbers cannot be readily determined or if the property owner has prevented access to the vehicle.

(3) If the city invokes CMC 1.30.080 and abates the junk vehicle(s), the vehicle(s) or part(s) thereof shall be removed by a licensed tow truck operator or hulk hauler. The code compliance officer shall give notice to the Washington State Patrol and to the Washington State Department of Licensing that the vehicle has been wrecked.

(4) Pursuant to CMC 1.30.080, the costs and expenses of correcting the violation shall be assessed against the last registered owner of the vehicle and/or the property owner of record; except that the owner of the property on which the vehicle is located may appear in person at the hearing provided for in CMC 1.30.070 or present a written statement in time for consideration at said hearing, denying responsibility for the presence of the vehicle, with his/her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the property without the consent of the owner and that he has not subsequently acquiesced in its placement, then the city shall not assess the costs and expenses of correcting the violation against the property upon which the vehicle or item is located or otherwise attempt to collect said costs and expenses from the owner. (Ord. 22-01 § 1; Ord. 79-98 § 1)

Article II. Vehicle Storage

8.10.060 Storage of certain vehicles and components prohibited.

No person owning, leasing, renting, occupying, being in possession of or having charge of any property in the city, including vacant lots, shall retain or store, except as may be permitted by any other city ordinance, any of the following:

(1) One or more wrecked, dismantled or partially dismantled, inoperative, or unlicensed (vehicle licensing plates and current tabs) and uninsured vehicles;

(2) Body parts, engines or drive-train parts, or any other parts, assemblies or components of automobiles and other motor vehicles;

(3) Any recreational vehicle, boat or trailer within the required front yard setback area unless parked and/or stored within a driveway in the front setback area;

(4) Any pickup truck campers or canopies (not mounted on a pickup truck) within the required front yard setback area unless parked and/or stored within a driveway in the front setback area. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.070 Exceptions.

The provisions of CMC 8.10.060 shall not apply to the following:

(1) A vehicle, recreational vehicle, boat, trailer, or component thereof which is completely enclosed within a building in lawful manner where it is not visible from the street or other public or private property; or

(2) A vehicle, recreational vehicle, boat, trailer, or component 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. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.080 Vehicle storage violation – Penalty.

(1) Unless exempted under CMC 8.10.070, it shall be a violation of this chapter to retain or store any vehicle or component thereof described in CMC 8.10.060 in violation of said section.

(2) If the city determines that such a violation has occurred or is occurring, the city shall remedy said violation in accordance with the civil code enforcement procedures established in Chapter 1.30 CMC; except that the last registered owner of the vehicle/component and the property owner of record shall be given any notice required by Chapter 1.30 CMC. Said notice need not be provided to the last registered owner of the vehicle/component if the vehicle is in such condition that the identification numbers cannot be readily determined or if the property owner has prevented access to the vehicle.

(3) If the city invokes CMC 1.30.080 and abates the vehicle(s)/component(s) retained or stored in violation of CMC 8.10.060, the vehicle(s)/component(s) shall be removed by a licensed tow truck operator or hulk hauler. The code compliance officer shall give notice to the Washington State Patrol and to the Washington State Department of Licensing that the vehicle has been wrecked.

(4) Pursuant to CMC 1.30.080, the costs and expenses of correcting the violation shall be assessed against the last registered owner of the vehicle and/or the real property owner of record; except that the owner of the real property on which the vehicle is located may appear in person at the hearing provided for in CMC 1.30.070 or present a written statement in time for consideration at said hearing, denying responsibility for the presence of the vehicle on the property, with his/her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the property without the consent of the owner and that he has not subsequently acquiesced in its placement, then the city shall not assess the costs and expenses of correcting the violation against the property upon which the vehicle or item is located or otherwise attempt to collect said costs and expenses from the owner. (Ord. 22-01 § 1; Ord. 79-98 § 1)

8.10.090 Third party liability.

(1) It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

(2) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the registered owner and property owner of record, and no provisions or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers and employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(3) Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a property owner or registered owner to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 22-01 § 1; Ord. 79-98 § 1)