Chapter 11.12
ABANDONED AUTOMOBILES

Sections:

11.12.080    Vehicles declared to be public nuisance.

11.12.090    Public nuisances – Abatement and removal – Procedure.

11.12.100    Abatement – Notice – Cost assessment.

11.12.110    Abatement – Hearing – Notice.

11.12.120    Abatement – Hearing – Denial of responsibility by applicant.

11.12.130    Abatement – Disposal of vehicle.

11.12.140    Abatement – Costs assessment.

11.12.170    Appointment of registered tow truck operator.

11.12.180    Impound authorization form.

11.12.080 Vehicles declared to be public nuisance.

The storage or retention of abandoned, wrecked, dismantled or inoperative vehicles or automobile mobile or junk automobiles on any private property in the city is a public nuisance except where the same is:

(1) Completely enclosed within a building in a lawful manner where it is not visible from the street or other public property;

(2) Properly “screened” from public view parked or stored on an approved surface outside of required property setbacks as provided in Chapter 16.30 LMC; or

(3) Stored or parked in a lawful manner on private property in connection with the business of a licensed motor vehicle wrecker. (Ord. 3044 § 7, 2008; Ord. 2508 § 3, 1993; Ord. 1517 § 31-54, 1971).

11.12.090 Public nuisances – Abatement and removal – Procedure.

All vehicles or automobile hulks, or parts, constituting public nuisances in accordance with LMC 11.12.080 shall be abated and removed in accordance with the procedure outlined in LMC 11.12.100 through 11.12.140. (Ord. 1517 § 31-55, 1971).

11.12.100 Abatement – Notice – Cost assessment.

Before the abatement or removal of such vehicle, automobile hulk, junk vehicle or parts, notice shall be given to the last registered owner thereof of record and the real property owner of record that a public hearing may be requested before the city council, and if no hearing is requested within 10 days, the vehicle, automobile hulk, junk vehicle or parts will be removed and abated and the costs thereof assessed in accordance with this title. (Ord. 2508 § 4, 1993; Ord. 1517 § 31-55(a), 1971).

11.12.110 Abatement – Hearing – Notice.

If a request for a hearing is received by the city manager, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle, automobile hulk, junk vehicle or parts as a nuisance shall be mailed by certified or registered mail, with a five-day return receipt requested, to the owner of the real property as shown on the last equalized assessment roll and to the last registered and legal owner of record of such motor vehicle, automobile hulk, junk vehicle or parts, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 2508 § 5, 1993; Ord. 1517 § 31-55(b), 1971).

11.12.120 Abatement – Hearing – Denial of responsibility by applicant.

The applicant for hearing may appear in person at such hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land with his reasons for such denial. If it is determined at the hearing that the vehicle, automobile hulk, junk vehicle or parts was placed on the land without the consent of the land owner, and that he has not subsequently acquiesced in its presence, the city council shall not assess costs of administration or removal of the vehicle, automobile hulk, junk vehicle or parts against the real property upon which the vehicle is located or otherwise attempt to collect such costs from said land owner. (Ord. 2508 § 6, 1993; Ord. 1517 § 31-55(c), 1971).

11.12.130 Abatement – Disposal of vehicle.

After notice has been given of the intent of the city to dispose of a vehicle, automobile hulk, junk vehicle or parts, and after a hearing, if requested, has been held, the vehicle, automobile hulk, junk vehicle or parts thereof shall be removed at the request of the chief of police and disposed of to a registered tow truck operator, with notice to the Washington State Patrol and the Washington State Department of Motor Vehicles that such a vehicle, automobile hulk, or junk vehicle has been wrecked. (Ord. 2508 § 7, 1993; Ord. 1517 § 31-55(d), 1971).

11.12.140 Abatement – Costs assessment.

Costs of abatement and removal of such vehicle, automobile hulk, junk vehicle or parts may be assessed against the last registered owner of the vehicle, automobile hulk, junk vehicle or parts, if the identity of such owner can be determined, unless the owner in the transfer of such vehicle, automobile hulk, junk vehicle or parts has complied with RCW 46.52.101, or the costs may be assessed against the owner of the real property on which the vehicle is stored and shall constitute a lien thereon. (Ord. 2508 § 8, 1993).

11.12.170 Appointment of registered tow truck operator.

(1) The city manager may appoint any registered tow truck operator licensed to do business in the city and registered to and licensed by the state in accordance with Chapter 46.55 RCW. Each such appointment shall be contingent upon the submission of an application to the city manager, and proof that the applicant is properly registered and licensed by the state.

(2) Any such tow truck operator so appointed by the city manager shall comply with such administrative rules and regulations relative to the handling and disposing of vehicles as may be promulgated by the city, and shall comply with this title and the laws of the state.

(3) Any such appointment may be canceled by the city manager upon evidence that the appointed tow truck driver is not complying with all such laws, rules and regulations relative to the handling and disposition of vehicles in accordance with the requirements of this chapter and Chapter 46.55 RCW.

(4) Any such tow truck operator shall perform those duties of impounding, towing and disposal as shall be directed under this title and under the provisions of Chapter 46.55 RCW. (Ord. 2508 § 9, 1993; Ord. 1986 § 1, 1980).

11.12.180 Impound authorization form.

In conformance with the requirements of RCW 46.55.240(1)(b), the following form of authorization to impound is hereby adopted:

Case No._____________

IMPOUND AUTHORIZATION FORM

Date/Time of Impound__________________________________________________________________

Location of Impound____________________________________________________________________

Description of Vehicle___________________________________________________________________

License of Vehicle___________________ (State)____________________________________ (Number)

[ ] The vehicle is parked in a parking space rented on a monthly basis pursuant to a written contract to someone other than the owner or operator of such vehicle in violation of the provisions of LMC 11.62.030. Authority: RCW 46.55.080.

[ ] The vehicle has not been removed within 24 hours from the time a notification sticker is attached. Authority: RCW 46.55.085.

[ ] The vehicle is standing on a roadway in violation of RCW 46.61.560. Authority: RCW 46.55.113(1).

[ ] The vehicle is unattended on a highway and is obstructing traffic or jeopardizing public safety. Authority: RCW 46.55.113(2).

[ ] The vehicle is unattended at an accident scene or the driver is unable to decide on steps to protect a vehicle involved in accident due to physical or mental or intoxicated condition. Authority: RCW 46.55.113(3).

[ ] Driver is arrested and unable to decide on steps to protect property due to intoxication or otherwise. Authority: RCW 46.55.113(4).

[ ] The vehicle is stolen. Authority: RCW 46.55.113(5).

[ ] The vehicle is parked in a properly marked disabled person stall and it does not contain a special plate or decal. Authority: RCW 46.55.113(6).

[ ] Other:_____________________________________________________________________________

    Signed by:

___________________________________

Officer or Authorized Enforcement Officer

(Ord. 2508 § 10, 1993).