Chapter 8.08


8.08.010    Purpose.

8.08.020    Definitions.

8.08.030    Prohibition.

8.08.040    Exemptions.

8.08.050    Abatement procedures.

8.08.060    Violation and enforcement.

8.08.010 Purpose.

The purposes of this chapter are:

A. To establish procedures for the abatement and removal of junk vehicles and parts thereof as public nuisances pursuant to RCW 46.55.240;

B. To enhance the aesthetic qualities of the town of Friday Harbor;

C. To conserve and maintain property values;

D. To protect the health of the public;

E. To provide for the public safety. (Ord. 1168 § 1, 2001)

8.08.020 Definitions.

For purposes of this chapter, the following definitions shall be applicable:

A. “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:

1. Is three years old or older;

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

3. Is apparently inoperable;

4. Has an approximate fair market value equal only to the value of the approximate value of the scrap in it.

B. “Vehicle” means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power. (Ord. 1168 § 2, 2001)

8.08.030 Prohibition.

It shall be unlawful for any person to store or allow to be stored any junk vehicle or vehicles on any private property within the town. (Ord. 1168 § 3, 2001)

8.08.040 Exemptions.

This chapter shall not apply to:

A. Any vehicle or part thereof which is completely enclosed within a building in a lawful manner or which is otherwise not visible from any street or any public property; or

B. Any vehicle or part thereof stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, junk salvage/wrecking yard or licensed vehicle dealer, located on properly zoned property and fenced in accordance with the provisions of RCW 46.80.130; or

C. One vehicle only, which is actively being restored, repaired, or reconditioned. If this project is not completed within two years, the vehicle must be removed as prescribed in this chapter. (Ord. 1168 § 4, 2001)

8.08.050 Abatement procedures.

A. Investigation and Determination. Whenever it shall appear to the code compliance officer that there may be a violation of this chapter, he or she shall request the town marshal’s office to investigate the matter and determine whether or not to authorize disposal, as provided for in RCW 46.55.230(1).

B. Initial Notices. If the town marshal authorizes disposal of a junk vehicle, written notices shall be sent to the registered and legal owners of the vehicle, advising them of the violation, their right to remove the vehicle without penalty, and the fact that, if it is not removed, the town will declare it a public nuisance and initiate abatement procedures, in which case the costs of removal may be assessed against the registered owner.

If the owner of the land where the junk vehicle is located is not the registered or legal owner of the vehicle, a written notice shall be sent to the landowner, informing them that the town may initiate a proceeding to abate the nuisance under this chapter and of the possibility that the cost of removal could be assessed against the landowner.

C. Notice of Abatement. If the junk vehicle is not removed within 60 days from the date the notices required by subsection B of this section were sent, a notice of abatement shall be mailed by certified mail, with a five-day return receipt requested, to the registered owner and to the landowner. The notice shall inform them that a hearing may be requested and that if no hearing is requested, the vehicle may be removed by the town and the costs of removal and disposal assessed against them.

D. Notice of Hearing. If a hearing is requested, a notice of hearing shall be mailed by certified mail, with a five-day return receipt requested, to the registered owner and to the landowner, advising them of the time, date and location for the hearing. The notice shall inform the landowner that if he or she is not also the registered owner of the vehicle, they may appear at the hearing or present a written statement for consideration at the hearing, denying responsibility for the presence of the vehicle on their land and giving the reasons for the denial.

E. Abatement Hearing. The abatement hearing shall be before the town council. The only issues to be heard are whether or not a proper determination has been made that the vehicle is a junk vehicle and whether or not either the landowner or the registered owner should be relieved from the obligation to pay the costs of the removal and disposal. The determination of the town marshal’s office that the vehicle is a junk vehicle shall be presumed correct and the burden shall be on the owner of the land or the owner of the vehicle to prove otherwise.

The cost of removal and disposal shall not be assessed against the registered owner if he or she can show that they complied with the provisions of RCW 46.12.101 in connection with their transfer of ownership of the vehicle. Such costs shall not be assessed against a landowner who is not also the registered owner of the vehicle if he or she can show that the vehicle was placed on their property without their express or implied consent and that they have not subsequently acquiesced in its presence.

F. Proper Parties. Notices which are to be sent to the landowner shall be addressed to the person shown on the last equalized assessment roll maintained by the San Juan County assessor as the owner of the property where the junk vehicle is located, using the address on such roll. Notices which are to be sent to the registered owner of the vehicle shall be addressed to the person last shown as such in the records of the State of Washington Department of Licensing, using the address in such records.

In circumstances where the name of the registered owner cannot be determined due to the condition of the vehicle or the refusal of the landowner to allow the code compliance officer or members of the town marshal’s office to enter the property in order to closely inspect the vehicle, the abatement procedure provided for above may proceed upon notice only to the landowner. (Ord. 1168 § 5, 2001)

8.08.060 Violation and enforcement.

A violation of this chapter is declared a public nuisance and a Class 1 civil infraction, as defined and addressed in Chapter 1.18 FHMC, with each day a violation exists subject to treatment as a separate violation. (Ord. 1532 § 3, 2014; Ord. 1168 § 6, 2001)