Chapter 9.36
ABANDONED VEHICLES—PRIVATE PROPERTY
Sections:
9.36.020 Abandonment prohibited—Exceptions.
9.36.030 Notice to owner—Public hearing.
9.36.040 Hearing procedure—Cost assessment.
9.36.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(a) “Abandoned vehicle” means any vehicle left upon the property of a person other than the registered or legal owner of the vehicle without the consent of the owner of such property for a period of twenty-four hours or longer, except a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
(b) “Vehicle hulk” means the remnant or remains of an automobile, truck or other motor vehicle which is wrecked, dismantled or inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and to application of a substantial amount of labor to effect repair. (§ 3 of Res. 75-4, January 20, 1975 at Vol. E page 245).
9.36.020 Abandonment prohibited—Exceptions.
No person shall abandon any vehicle or vehicle hulk within the county of Chelan. The sheriff of Chelan County is hereby authorized to declare a public nuisance any abandoned vehicle or vehicle hulk or part therefrom on private property, without the corporate limits of cities and towns, not including highways, within the county of Chelan. Subject to a contrary determination at a public hearing, such vehicle or hulk shall be removed and impounded at the direction of the sheriff. Removal shall be executed by a registered disposer that qualifies pursuant to RCW 46.52.108.
This chapter shall not apply to:
(a) A vehicle or part thereof which is completely enclosed within any building or other enclosure in a lawful manner, or where it is not otherwise visible from the street or other public or private property; or
(b) A vehicle or part thereof which is stored or parked in a lawful manner upon private property in connection with a business of a licensed dismantler, or vehicle dealer, fenced according to the provisions of RCW 46.80.130. (§ 2 of Res. 75-14 January 20, 1975 at Vol. E page 245).
9.36.030 Notice to owner—Public hearing.
Before abatement and removal of any such vehicle or hulk or part thereof from private property, the sheriff shall give notice to the last registered owner of record and the property owner of record that a public hearing may be requested before the county commission and that if no hearing is requested within ten days from the date of mailing of such notice, the vehicle or hulk or part thereof described in said notice will be abated and removed by the county and the costs of such abatement and removal collected from the last registered owner of such vehicle or vehicle hulk if the identity of such owner can be determined, unless such owner in the transfer of ownership of such vehicle or vehicle hulk has complied with RCW 46.52.104, or the costs may be assessed against the owner of the property on which the vehicle is stored.
Upon receipt of any such request for public hearing, the county commission shall by resolution set a date for public hearing on the question of abatement and removal of the vehicle or hulk or part thereof as a public nuisance and shall cause to be given notice of the time, location and date of such hearing.
The notices provided for in this section shall be mailed at least ten days prior to the date set for the hearing by certified or registered mail, with a five-day return requested, to the owner of the property on which such vehicle or hulk or part thereof is located, as shown on the last equalized assessment roll and, if identification numbers are available to determine ownership, to the last registered and legal owner of record of such vehicle or hulk or part thereof. (§ 4 of Res. 75-14, January 20, 1975 at Vol. E page 245).
9.36.040 Hearing procedure—Cost assessment.
The owner of the property upon which any such vehicle or hulk or part thereof is located may appear at such hearing in person or may timely present a written statement for consideration at such hearing, and may deny responsibility for the presence of such vehicle or hulk or part thereof on such property, giving reasons for such denial.
If it is determined at such hearing that said vehicle or hulk or part thereof was placed on such property without the consent of the property owner, and that he has not subsequently acquiesced in its presence, then the county 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 such costs from the owner. (§ 5 of Res. 75-14, January 20, 1975 at Vol. E page 245).
9.36.050 Removal by sheriff.
After ten days elapse after mailing of the notice of the county’s intent to abate and remove any such nuisance, or after a public hearing, if such is requested, at which the sheriff’s determination of nuisance has been affirmed, the sheriff shall cause such vehicle or hulk or part thereof to be removed and disposed of to a licensed auto wrecker and shall give notice to the Washington State Patrol and Washington State Department of Motor Vehicles that such vehicle or hulk or part thereof has been wrecked, and the proceeds of such disposition shall be used to defray the cost of abatement and removal of any such vehicle, hulk or part thereof, including the costs of administration. (§ 6 of Res. 75-14, January 20, 1975 at Vol. E page 245).