Chapter 7.32
JUNK VEHICLES

Sections

7.32.005    Purpose.

7.32.010    Definitions.

7.32.020    Junk vehicles prohibited.

7.32.025    Public nuisance declared.

7.32.030    Exceptions.

7.32.040    Abatement and removal of junk vehicles on private property.

7.32.050    Violation – Penalty.

7.32.060    Rules and procedures.

7.32.005 Purpose.

The purpose of this chapter is to preserve the character and safety of the city’s neighborhoods by eliminating as nuisances junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. [Ord. 1283 § 1, 2001.]

7.32.010 Definitions.

(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings.

(2) “Director” means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the city manager to enforce this chapter including assigned code enforcement officials.

(3) “Vehicle” means a motorized or nonmotorized vehicle or device for carrying passengers, goods or equipment, including but not limited to, automobiles, trucks, motorcycles, bicycles, boats, tractors, campers, trailers, or devices of a similar nature or any components of such devices.

(4) “Junk vehicle” means a vehicle meeting at least three of the following requirements:

(a) Is three years old or older;

(b) Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or missing windshield or missing wheels, tires, motor, or transmission;

(c) Is apparently inoperable; or

(d) Has an approximate fair market value equal only to the approximate value of the scrap value.

(5) “Landowner” means an owner of private property, or a person in possession or control of private property. [Ord. 1283 § 2, 2001.]

7.32.020 Junk vehicles prohibited.

(1) No person shall keep, permit, or allow a junk vehicle to be placed, maintained, or stored on real property in a residential zone.

(2) A violation of or failure to comply with this section is a class 1 civil infraction.

(3) Each day upon which a violation occurs constitutes a separate offense. [Ord. 1057 § 2, 1993.]

7.32.025 Public nuisance declared.

All junk vehicles certified as such by a law enforcement officer or the director designated by the director according to RCW 46.55.230 and found on public or private property are declared to constitute a public nuisance subject to removal, impoundment and disposal. It is unlawful for any individual firm, entity or corporation to allow, cause to allow or place a junk vehicle on any premises. [Ord. 1283 § 3, 2001.]

7.32.030 Exceptions.

(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.

(3) At any one time, a landowner may have on his or her premises only one junk vehicle outside an enclosed building for a period not to exceed 14 days. [Ord. 1283 § 4, 1993.]

7.32.040 Abatement and removal of junk vehicles on private property.

(1) Voluntary Correction. Whenever the director determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle’s registered owner.

(2) Issuance of Notice of Civil Violation. If the director does not obtain voluntary correction of the public nuisance, the director may issue a notice of civil violation to the landowner of record and the vehicle’s last registered owner of record in accordance with the provisions of DMMC 1.28.040.

(3) Content. For violations of this chapter, the notice of civil violation to the fullest extent reasonably possible shall contain the following information:

(a) The name and address of the landowner of record upon whose property the vehicle is located;

(b) The name and address of the vehicle’s last registered owner of record provided license or vehicle identification numbers are available and/or readily capable of obtaining;

(c) The vehicle description, including the license plate number and/or the vehicle identification number, the model year, the make, and the factors which render the vehicle a public nuisance;

(d) The street address or a description sufficient for identification of the property where the vehicle is located;

(e) The required corrective action and a date and time by which the correction must be completed;

(f) The date, time, and location of a hearing before the municipal court judge on the question of abatement and removal of the vehicle or part thereof as a public nuisance which will be at least 10 days but no more than 45 days from the date the notice is issued;

(g) A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the required corrective action is completed at least 48 hours prior to the scheduled hearing;

(h) A statement indicating the city may remove, impound, and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding, and disposing of the vehicle against the landowner or the registered owner as ordered by the municipal court judge; and

(i) A statement that a monetary penalty pursuant to DMMC 1.28.040(5) in an amount per day for each violation shall be assessed against the landowner and/or the vehicle’s registered owner as specified and ordered by the municipal court judge in accordance with DMMC 1.28.040.

(4) Service of Notice. The notice 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 roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(5) Landowner Responsibility Disclaimer. The landowner may appear in person at the hearing or present a written statement prior to the hearing to deny responsibility for the vehicle’s presence on the property. If the municipal court judge determines that the vehicle was placed on the property without the landowner’s consent and that the landowner has not subsequently acquiesced in its presence, then the costs and expenses of administration, removing, impounding, and disposing of the vehicle shall not be assessed against the landowner or otherwise attempted to be collected from said landowner.

(6) Removal by the City. Pursuant to the municipal court judge’s orders, the vehicle or part thereof may be removed at the request of a law enforcement officer with notice to the Washington State Patrol and the Washington Department of Licensing that the vehicle has been wrecked. The city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or hulk hauler or scrap processor.

(7) Recovery of Costs and Expenses.

(a) The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46.12.101, or against the landowner of record of the property on which the vehicle is stored, or both. If both the owner of the vehicle and the landowner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation.

(b) The costs of administration and of removal and disposal of the vehicle may be recovered pursuant to DMMC 1.28.060(4).

(8) Conflict of Provision. This notice and related requirements of this section are intended to supplement those of DMMC 1.28.060; however, should a conflict exist, the provisions of this section shall prevail. [Ord. 1283 § 5, 2001.]

7.32.050 Violation – Penalty.

(1) Any violation of any provision of this chapter is a civil violation as provided in chapter 1.28 DMMC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

(2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. [Ord. 1283 § 6, 2001.]

7.32.060 Rules and procedures.

The applicable department director in charge of enforcement of this chapter may adopt such rules as may be necessary to effectively implement and administer this chapter. [Ord. 1283 § 7, 2001.]