Chapter 10.21
JUNK VEHICLES – VEHICLE STORAGE1
Sections:
Article I. Junk Vehicles
10.21.010 Declaration of junk vehicles as nuisance.
10.21.020 Definition of junk vehicle.
10.21.025 Definition of wrecked vehicle.
10.21.040 Junk vehicle violations.
10.21.070 Abatement and removal.
10.21.080 Cost of abatement and removal.
Article II. Vehicle Storage
10.21.100 Storage of certain vehicles and components prohibited.
10.21.120 Declaration of public nuisance.
10.21.140 Third party liability.
10.21.150 Violation constitutes infraction.
Article I. Junk Vehicles
10.21.010 Declaration of junk vehicles as nuisance.
Junk motor vehicles in areas not zoned for storage of junk or scrap metal are hereby declared a public nuisance subject to abatement and removal. (Ord. 1420 § 1, 1999).
10.21.020 Definition of junk vehicle.
“Junk vehicle” means a motor vehicle as certified as meeting at least three of the following requirements:
A. It is three years old or older;
B. It is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission;
C. It is inoperable; and
D. It has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 1676 § 1, 2006; Ord. 1504 § 1, 2002; Ord. 1420 § 1, 1999).
10.21.025 Definition of wrecked vehicle.
“Wrecked vehicle” means a dismantled or inoperative vehicle or automobile hulk, or the remnants or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms. (Ord. 1504 § 2, 2002).
10.21.030 Certifications.
The mayor, or designee, may inspect and certify that a vehicle meets the requirements of a junk vehicle. Such certification shall be in writing and shall record the make and vehicle identification number or license number of the vehicle, if available. The certifying individual shall describe in detail the factors supporting the determination that the vehicle meets the definition of a junk vehicle. (Ord. 1676 § 2, 2006; Ord. 1420 § 1, 1999).
10.21.040 Junk vehicle violations.
It shall be unlawful to park, store or abandon vehicles on private property, subject only to the exceptions provided in MMC 10.21.050. Such violation shall be deemed a nuisance subject to abatement. (Ord. 1420 § 1, 1999).
10.21.050 Exceptions.
The provisions of this chapter relating to junk vehicles shall not apply to a vehicle or part thereof which:
A. Is not visible from the street or other public or private property; or
B. Is stored or parked in a lawful manner on fenced private property in connection with the business of a licensed hulk hauler, tow truck operator, dismantler, repair facility, or motor vehicle dealer and is fenced. (Ord. 1420 § 1, 1999).
10.21.060 Notices required.
The last registered owner of the junk vehicle and the property owner of record shall each be given a notice and order pursuant to this chapter. Each shall have the right of appeal as provided by this chapter. The notice and order need not be provided to the last registered owner of the vehicle if the vehicle is in such condition that the identification numbers cannot be readily determined or if the owner of the land has prevented access to the vehicle. (Ord. 1420 § 1, 1999).
10.21.070 Abatement and removal.
After the notice and order becomes final, the junk vehicle or vehicles shall be removed by a licensed tow truck operator or hulk hauler and the mayor or designee shall give notice to the Washington State Department of Licensing. (Ord. 1420 § 1, 1999).
10.21.080 Cost of abatement and removal.
The costs of abatement and removal may be assessed against the last registered owner as in the case of abandoned motor vehicles pursuant to state law, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 or the costs can be assessed against the owner of property on which the vehicle is stored. The costs of abatement and removal, any civil penalties assessed, and costs incurred by the city may also be imposed and be enforced as provided by law, and pursuant to MMC 10.21.130. (Ord. 1420 § 1, 1999).
Article II. Vehicle Storage
10.21.090 Definitions.
The definitions set forth herein and in other ordinances of the city, as presently existing or as may be hereafter developed or subsequently amended, shall apply to this chapter and, in addition, the following definitions shall apply:
A. “Owner” means any person owning property, as shown on the real property records of Pierce County or on the last assessment roll for taxes, and shall also mean any lessee, tenant or other person having control or possession of the property.
B. “Property” means land and any buildings or structures located thereon.
C. “Recreation vehicle” means a camping trailer, travel trailer, motor home, truck camper, and any similar vehicular-type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motor power, being of such size and weight as to be operable over highways without requirement of a special highway movement permit. (Ord. 1420 § 1, 1999).
10.21.100 Storage of certain vehicles and components prohibited.
No person owning, leasing, renting, occupying, being in possession or having charge of any property in the city, including vacant lots, shall retain or store, except as may be permitted by any other city ordinance, any of the following:
A. One or more junked vehicles;
B. Body parts, engines or drive-train parts, or any other parts, assemblies or components of automobiles and other motor vehicles;
C. Any recreational vehicle, boat or trailer which causes a safety hazard;
D. Any pickup truck, camper or canopy (not mounted on a pickup truck) which causes a safety hazard. (Ord. 1504 § 3, 2002; Ord. 1420 § 1, 1999).
10.21.110 Exceptions.
The prohibitions of this chapter shall not apply to the following:
A. A vehicle, recreational vehicle, boat, trailer, or component thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
B. A vehicle, recreational vehicle, boat, trailer, or component thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to applicable state law; or
C. A vehicle having historic or antique value when such vehicles are stored in a permanent enclosed structure. (Ord. 1504 § 4, 2002; Ord. 1420 § 1, 1999).
10.21.120 Declaration of public nuisance.
The retaining or storage of any vehicle or component in violation of MMC 10.21.100, and not within the exception of MMC 10.21.110, is hereby declared to be a public nuisance and shall be abated by removal. (Ord. 1420 § 1, 1999).
10.21.130 Enforcement.
The provisions of this chapter shall be enforced pursuant to this chapter, as it presently exists or as it may subsequently be amended, and as allowed by law; provided, that the following additional provisions shall be followed:
A. The person(s) designated by the mayor with duties of enforcement of this chapter shall give notice to the last registered owner of record of the vehicle and to the property owner of record that a hearing may be requested but that, if no hearing is requested, the vehicle will be removed and impounded;
B. If a request for a hearing is received, the city shall provide a written notice giving the time, location and date of a hearing on the question of abatement and removal of the vehicle, or part thereof, as a public nuisance, which notice shall be mailed, by certified mail with return receipt requested to the owner of the property as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership;
C. The owner of the property on which the vehicle, recreational vehicle, boat, trailer, or component thereof, is located may appear in person at the hearing or present a written statement on time for consideration at the hearing, and deny responsibility for the presence of the vehicle or item on the property, with his or her reasons for the denial and, if it is determined at the hearing that the vehicle or item was placed on the land without the consent of the owner, and that the owner has not subsequently acquiesced in its presence, that the city hearing examiner shall not assess costs of administration or removal against the property upon which the vehicle or item is located;
D. After notice has been given of the intent of the city to dispose of the vehicle and, after a hearing, if requested, the vehicle shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and to the Department of Licensing that the vehicle has been wrecked; and
E. In addition to the enforcement provisions above, any person who violates this chapter shall be guilty of a misdemeanor and punishable as set forth in Chapter 1.08 MMC. (Ord. 1504 § 5, 2002; Ord. 1420 § 1, 1999).
10.21.140 Third party liability.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner or owners and no provision nor term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers and employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
C. Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a property owner to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 1420 § 1, 1999).
10.21.150 Violation constitutes infraction.
Any violation of MMC 10.21.040 or 10.21.100 shall constitute a civil infraction, subject to the terms and penalties applicable to public nuisances under MMC 9.52.070. (Ord. 1676 § 3, 2006).
Prior legislation: Ord. 815.