Chapter 8.08
JUNK VEHICLES
Sections:
8.08.040 Public nuisance declared, violations.
8.08.060 Investigation and notice of code violation.
8.08.100 Removal and disposal – Costs.
8.08.110 Abandonment of junk vehicle on property.
8.08.010 Purpose.
The purpose of this chapter is to provide for the abatement and removal of junk vehicles on private property as provided for in RCW 46.55.240. Abatement is necessary to preserve and enhance the aesthetic character of the city’s neighborhoods, protect property values and rights and to reduce environmental health and safety problems associated with junk vehicles. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.020 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Junk vehicle” means any vehicle which is certified under RCW 46.55.230 as meeting at least three of the following criteria:
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;
b. Flat tires;
c. Missing tires, motor or transmission;
d. Rusted exterior; and
e. Leaking oil or gasoline;
3. Is apparently inoperable, meaning that a vehicle does not appear to comply with requirements for vehicles used on public streets with regard to brakes, lights, tires, safety glass or other safety equipment; and
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
B. “Enforcement officer” means the city community development director, his or her designee, representative, or a city of Edgewood law enforcement official.
C. “Landowner” includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.
D. “Vehicle” shall include, but not be limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, boat trailers, utility trailers, or other similar devices capable of moving or being moved on the public right-of-way, and shall also include parts of vehicles, but shall not include devices moved by human or animal power, or used exclusively upon stationary rails or tracks. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.030 Exemptions.
The provisions of this chapter shall not apply to:
A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner, or otherwise parked legally on the property so as not to be visible from adjacent or nearby public property. Temporary tarp garages and carports do not satisfy this exemption;
B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dismantler or licensed vehicle dealer and is fenced in accordance with the provisions of RCW 46.80.130;
C. A vehicle enclosed in an opaque auto cover specifically designed to completely shield the vehicle from view as long as the vehicle is parked in a lawful manner on private property. The cover must be in good condition and must be replaced if it is torn, weather-beaten, or acquires any other defects. Tarps and makeshift covers do not meet the requirement. This exemption will apply to only two vehicles per legal lot. Vehicles stored on vacant or undeveloped land are not exempted by this subsection. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.040 Public nuisance declared, violations.
A. The storage or retention of junk vehicles on private property is declared a public nuisance which is subject to the enforcement, removal and abatement procedures in this chapter and as provided in state law.
B. It shall be unlawful for any person, firm or corporation to retain, place or store junk vehicles on private property, in conflict with or in violation of any of the provisions of this chapter.
C. Additional Violations. In addition to the above, it is a violation of this chapter to:
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;
2. Fail to comply with any of the requirements of this chapter, including any requirement of the city’s codes and state codes adopted by reference herein. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.050 Enforcement.
A. The enforcement officer shall have the authority to enforce this chapter. The enforcement officer may call upon the building, fire, police and community development or other appropriate city departments to assist in enforcement.
B. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
C. It is the intent of this chapter to place the obligation of complying with its requirements upon the property owner, occupier of the property, owner of the junk vehicle and/or other person responsible for the storage or retention of junk vehicles within the scope of this chapter.
D. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action.
E. Violations of this chapter shall constitute civil violations subject to enforcement and penalties as set forth in EMC Title 7, Code Enforcement, except as specified herein. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.060 Investigation and notice of code violation.
A. Investigation. The enforcement officer shall investigate the premises which he/she reasonably believes does not comply with the standards and requirements of this chapter.
B. Notice of Code Violation. If, after investigation, the enforcement officer determines that the standards or requirements of this chapter have been violated, the enforcement officer shall serve a notice of violation upon the property owner of record and the last registered owner of record for the vehicle. The notice of code violation shall include the content and be served, as set forth in Chapter 7.20 EMC, and shall contain the following additional information:
1. Name and address of the person(s) to whom the notice is issued;
2. The location of the subject property by address or other description sufficient for identification of the subject property;
3. A description of the vehicle(s) and its location;
4. A separate statement of each standard code provision or requirement violated, and the reasons for which the city deems the vehicle(s) to meet the definition of “junk vehicle” in EMC 8.08.020 and to be a public nuisance as defined in EMC 8.08.040;
5. What corrective action, if any, is necessary to comply with the standards, code provisions or requirements;
6. A reasonable time for compliance;
7. A statement that if the person(s) to whom the notice of violation is issued fails to complete the corrective action by the date required, the city enforcement officer or its designee shall remove, impound and dispose of the vehicle(s), and will assess all costs of administration and removal against the owner of the property upon which the vehicle(s) is located or otherwise attempt to collect such costs against the owner of the vehicle(s);
8. A statement that either the property owner of record on which the vehicle is located or the last registered owner of record of the vehicle(s) may request a hearing and that if no hearing is requested, that the vehicle(s) will be removed. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.070 Time to comply – Determination of time.
Repealed by Ord. 20-572. (Ord. 19-540 § 2 (Exh. A)).
8.08.080 Hearing.
A. The property owner or vehicle owner or other person responsible for the violation may request a hearing by submitting such request within 10 calendar days after service of the notice of code violation. When the last day of the period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing and filed with the city clerk.
B. If a request for a hearing is received, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance 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 for the property and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
C. The hearing shall be held before the community and economic development director. 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, with the reasons for denial. If it is determined that the vehicle was placed on the property without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or costs of removal against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner cannot be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.650. The city may also provide for the payment to a tow truck operator or wrecker as part of a neighborhood revitalization program. (Ord. 23-658 § 7 (Exh. A); Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).
8.08.090 District court order.
Repealed by Ord. 20-572. (Ord. 19-540 § 2 (Exh. A)).
8.08.100 Removal and disposal – Costs.
After notice has been given of the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. The city may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body, provided such disposal shall be only as scrap. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A))
8.08.110 Abandonment of junk vehicle on property.
The city hereby adopts RCW 46.55.230 by reference, as if fully set forth herein. It is a gross misdemeanor for a person to abandon a junk vehicle on property. If a junk vehicle is abandoned, the vehicle’s registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment as provided in RCW 46.55.230. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A))
8.08.120 Additional relief.
The enforcement officer may ask the city attorney to seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this title when civil penalties are inadequate to effect compliance. (Ord. 20-572 § 3 (Exh. C); Ord. 19-540 § 2 (Exh. A)).