Chapter 8.36
JUNK AND INOPERATIVE VEHICLES ON PRIVATE PROPERTY1
Sections:
8.36.020 Junk or inoperative vehicles – Nuisance.
8.36.030 Abatement of nuisance.
8.36.040 Processing the appeal.
8.36.050 Removal and costs of removal.
8.36.010 Definitions.
The following definitions apply to this chapter:
A. “Inoperative vehicle” means a vehicle that cannot be operated or towed behind a vehicle on a public street due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle.
B. “Junk vehicle” means a vehicle having at least three of the following characteristics:
1. Is three years old or older;
2. Is extensively damaged or requires repair equal to or in excess of the fair market value of the vehicle;
3. Has a fair market value equal to the approximate value of the scrap in it;
4. Is hazardous or a nuisance due to damage, broken glass or exposure to the elements.
C. “Structure” means a freestanding building, or a portion of a building, that has been legally permitted and constructed to provide vehicle storage, having three walls, a roof and a closable garage door. (Ord. 444 § 1 (Exh. A (part)), 2017)
8.36.020 Junk or inoperative vehicles – Nuisance.
One or more junk or inoperable vehicles, or parts thereof, which have been accumulated, dismantled, parked, placed, or stored on private property, except 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 when stored within a garage, constitute a public nuisance and shall be abated pursuant to the provisions of this chapter, or at the option of the city, pursuant to state statute, including but not limited to Chapter 7.48 RCW. It shall be the duty of every landowner in the city to maintain his or her property in a lawful manner and exercise reasonable diligence to ensure that it remains free of junk and inoperable vehicles, and parts thereof. Every successive landowner shall assume this duty relative to preexisting conditions for which he or she had actual or constructive notice. In this chapter, the term “vehicle” shall refer to a junk vehicle or an inoperable vehicle, and the singular number includes the plural and the plural includes the singular. (Ord. 444 § 1 (Exh. A (part)), 2017)
8.36.030 Abatement of nuisance.
A. Whenever a junk or inoperable vehicle constitutes a public nuisance as described in BMC 8.36.020, a police officer or code enforcement officer as defined in BMC 1.32.010(B) may issue a notice of violation and abatement as set forth in this chapter and not as set forth in Chapters 1.20 and 1.32 BMC, unless provided otherwise in this chapter.
B. The notice of violation and abatement shall be mailed to the landowner, as shown by the records of the Snohomish County assessor, and to the last registered owner of record of the vehicle, if that registered owner can be determined, by both first-class and certified mail. In this chapter, such landowner and such last registered owner shall be referred to individually as “landowner” and “registered owner” and collectively as “landowner and registered owner.”
C. The notice of violation and abatement shall contain substantially the following information if it is reasonably obtainable:
1. The name and address of the landowner and registered owner;
2. The location of the subject property by address or other description sufficient to identify the subject property;
3. A description of the vehicle and the reasons for determining that the vehicle is a public nuisance;
4. The date by which the vehicle must be removed;
5. A statement that the landowner or registered owner may appeal the notice by filing a notice of appeal, which contains the grounds for appeal, with the city clerk, on a form provided by the city clerk, together with an appeal fee as established pursuant to Chapter 3.04 BMC, within fourteen calendar days of the date of the notice; and
6. A statement that if the landowner or registered owner fails to file a notice of appeal in a timely manner, or fails to voluntarily abate the nuisance within eighteen calendar days of the date of the notice of violation and abatement, the city will abate the nuisance by removing and disposing of the vehicle(s) and will assess the cost thereof against both the landowner and registered owner, jointly and severally.
D. The landowner or registered owner may appeal the notice of violation and abatement on any grounds, including but not limited to the following:
1. The city has improperly identified the vehicle as a junk or inoperable vehicle;
2. The landowner should not be responsible for the nuisance because the landowner did not consent to the presence of the junk or inoperable vehicle and has not subsequently acquiesced in its presence; or
3. The registered owner should not be responsible for the nuisance because he or she, in the transfer of ownership of the vehicle, has complied with RCW 46.12.101. (Ord. 444 § 1 (Exh. A (part)), 2017)
8.36.040 Processing the appeal.
A. If the landowner and/or the registered owner files a timely notice of appeal, the city shall process the appeal in accordance with the remaining sections of this chapter.
B. At the next regular meeting following the filing of the notice of appeal, the city council shall decide whether it will hear and decide appeal, or whether to appoint a hearing examiner to hear and decide the appeal.
C. The city clerk shall mail a notice of the time, location and date of the appeal hearing to the landowner and registered owner by first-class and certified mail.
D. The decision maker shall conduct the hearing and enter a decision in accordance with the process and procedures of BMC 1.32.090, 1.32.100, 1.32.110 and 1.32.150.
E. In lieu of appearing at and testifying in the hearing, an appellant may participate in the hearing solely through a written statement filed with the city clerk or the decision maker before the commencement of the hearing, which statement may deny responsibility for the vehicle and shall include the reasons for lack of responsibility of the vehicle. (Ord. 444 § 1 (Exh. A (part)), 2017)
8.36.050 Removal and costs of removal.
A. If the landowner and registered owner fail to appeal the notice of violation and abatement, the city may immediately remove the vehicle and assess the costs of administration and removal of the vehicle against the landowner and registered owner, jointly and severally.
B. If the decision maker affirms the notice of violation and abatement, the decision maker shall fix a time period for the landowner and registered owner to remove the vehicle, and authorize the city to remove the vehicle after such time period and assess the costs of administration and removal of the vehicle against the landowner and registered owner, jointly and severally; provided, that if the decision maker determines that the vehicle was placed on the subject property without the consent of the landowner and that the landowner did not subsequently acquiesce in the vehicle’s presence, the registered owner shall be solely responsible for the costs of administration and removal of the vehicle.
C. The vehicle shall be removed at the request of a police officer, with notice to the Washington State Patrol.
D. Except as provided in subsection B of this section for landowners in some circumstances, the city may file a lien for the cost of administration and removal of the vehicle. The claim of lien shall contain information regarding the notice of violation and abatement, a description of the subject property and the total amount of the lien.
E. The city may pursue collection of the cost of administration and removal of the vehicle by any lawful means, including court action and referral to a collection agency. (Ord. 444 § 1 (Exh. A (part)), 2017)
Prior legislation: Ord. 405.