Chapter 10.10
ABATEMENT OF JUNK VEHICLES
Sections:
10.10.010 Purposes of provisions.
10.10.030 Junk vehicle violations and penalty.
10.10.040 Enforcement authority.
10.10.050 Certification and notification.
10.10.060 Determination of responsibility.
10.10.080 Costs of abatement – Lien.
10.10.010 Purposes of provisions.
It is the purpose of this chapter to:
A. Establish procedures for the abatement and removal of junk vehicles as public nuisances pursuant to RCW 46.55.240;
B. Decrease the likelihood of criminal conduct associated with junk vehicles;
C. Enhance the aesthetic qualities of Mount Vernon;
D. Reduce the inherent public health and safety problems associated with junk vehicles;
E. Minimize the likelihood of injury resulting from children playing on or around junk vehicles; and
F. Conserve and stabilize property values. (Ord. 3150 § 1, 2003).
10.10.020 Definitions.
For the purposes of this chapter, the following definitions shall be applicable:
A. “Junk vehicle” means any motor vehicle meeting at least three of the following requirements:
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, missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
B. “Vehicles” means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
C. “Limited commission code enforcement officer” means that person who has been appointed by the mayor and whose work is directed by the director of development services for the purpose of administering and enforcing the provisions of this chapter, including all persons granted such authority and responsibility by contract with the city. In addition, the director of development services shall be an ex officio code enforcement officer and have like enforcement authority. (Ord. 3150 § 1, 2003).
10.10.030 Junk vehicle violations and penalty.
A. It shall be unlawful to park, store, or abandon junk vehicles on private property, subject only to the exceptions provided in MVMC 10.10.090.
B. In addition to the abatement provisions provided for in this chapter, a violation of this chapter shall carry a civil penalty of up to $500.00 with a minimum penalty of $250.00 per violation. Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. The civil penalty is in addition to any other abatement action, and not in lieu, thereof. (Ord. 3150 § 1, 2003).
10.10.040 Enforcement authority.
The city’s development services department along with the city attorney’s office and city’s police department shall enforce this chapter and shall be responsible for the abatement and removal of any vehicle or part thereof declared by this chapter to be a public nuisance. (Ord. 3150 § 1, 2003).
10.10.050 Certification and notification.
A. Any Mount Vernon police officer or limited commission code enforcement officer may certify that a vehicle meets the requirements of a junk vehicle. The officer making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the fair market value equal to the approximate value of the scrap in it.
B. The officer shall provide notice by regular mail to the last registered owner of record as shown on the records of the Washington State Department of Licensing unless a vehicle is in such condition that identification numbers are not available to determine ownership and the property owner of record of the property upon which the vehicle is located that a hearing in the Mount Vernon municipal court may be requested and that if no hearing is requested within 15 days of the date of mailing notice the vehicle will be removed.
C. If a written request for a hearing is received within the time frame specified above, 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 to the property owner of record of the property upon which the vehicle is located and to the last registered and legal owner of record unless a vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 3150 § 1, 2003).
10.10.060 Determination of responsibility.
The owner of the property 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 on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without consent of the landowner and that he or she has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property owner upon which the vehicle is located, nor can the costs be collected from the property owner. (Ord. 3150 § 1, 2003).
10.10.070 Abatement.
After notice has been given of Mount Vernon’s intent to abate, remove, or 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 Mount Vernon police officer or limited commission code enforcement officer and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. (Ord. 3150 § 1, 2003).
10.10.080 Costs of abatement – Lien.
A. Subject to the provisions of MVMC 10.10.060, the costs of abatement and removal of a vehicle or part thereof under this chapter including the costs of administration and hearing shall be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored.
B. Subject to the provisions of MVMC 10.10.060, any and all costs incurred by the city in the abatement of the junk vehicle nuisance as provided in this chapter shall constitute a debt owed to the city by the property owner or person in charge or control of the property, and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to other legal remedies available for the enforcement of debts. (Ord. 3150 § 1, 2003).
10.10.090 Exceptions.
This chapter shall not apply to:
A. Any vehicle or hulk thereof which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or
B. Any vehicle or hulk 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 located on appropriately zoned property and fenced in accordance with the provisions of RCW 46.80.130; or
C. Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property in connection with the business of a licensed dealer; or
D. Any vehicle or hulk or part thereof located on appropriately zoned private property in connection with the business of a junk, salvage, or wrecking yard and fenced in accordance with the provisions of the Mount Vernon Municipal Code; or
E. Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property, for which the city of Mount Vernon’s development services department has issued a permit as provided in MVMC 10.10.100. (Ord. 3150 § 1, 2003).
10.10.100 Temporary permit.
The owner of a single-family residence may obtain a temporary permit from the city of Mount Vernon’s development services department to store or park in a lawful manner on private property a vehicle or hulk or part thereof, for the purposes of restoration, repair, or disassembly for parts, for noncommercial purposes. A permit shall be valid for not more than 60 days, and shall not be renewed. No more than one permit shall be issued for any junk vehicle for which a notice has been issued pursuant to MVMC 10.10.050. (Ord. 3150 § 1, 2003).
10.10.110 Permit fees.
A. It is the policy of the city of Mount Vernon that application fees be established at the level necessary to cover the costs of conducting the review or providing the service for which the fees are imposed. Fees for applications or services should generally be collected by the city as close as possible to the time the expenses are incurred.
B. All fees shall be payable at the time of submittal of an application for processing or, where indicated, at the time of submittal of materials for review.
C. Unless specifically stated otherwise, all application fees are in addition to other city fees that may be applicable.
D. Applicants for permits pursuant to this title shall pay to the department of development services the applicable fees identified.
E. A fee of $15.00 shall be imposed to apply for a temporary permit to store or park in a lawful manner on private property a vehicle or hulk or part thereof, for the purposes of restoration, repair, or disassembly for parts, for noncommercial purposes. (Ord. 3150 § 1, 2003).