Chapter 4.10


4.10.010    Purpose.

4.10.020    Definitions.

4.10.030    Certification.

4.10.040    Violations.

4.10.050    Exceptions.

4.10.060    Notice required.

4.10.070    Determination of responsibility.

4.10.080    Hearings.

4.10.090    Abatement and removal.

4.10.100    Costs of removal and disposal.

4.10.110    Rules and procedures.

4.10.010 Purpose.

The purpose of this chapter is to establish procedures for the abatement and removal of public nuisances of junk motor vehicles pursuant to RCW 46.55.240. (Ord. 37 § 1 Exh. A (.08.010), 1994).

4.10.020 Definitions.

“Junk vehicle” means a motor vehicle certified under NMC 4.10.030 as meeting three of the following requirements:

A. Is three years old or older;

B. 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. Is apparently inoperable;

D. Has a fair market value equivalent only to the value of the scrap in it. (Ord. 2002-259 § 1; Ord. 37 § 1 Exh. A (.08.020), 1994).

4.10.030 Certification.

Any individual authorized by director of community development 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 and license number of the vehicle if available. The certifying individual shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of scrap. (Ord. 37 § 1 Exh. A (.08.030), 1994).

4.10.040 Violations.

It shall be unlawful to park, store or abandon junk vehicles on private property with exceptions as provided in NMC 4.10.050. Such a violation shall be a nuisance subject to the abatement procedure set out in this chapter and shall be deemed a violation of a land use ordinance for purposes of this title. The procedures in this chapter are in addition to the existence and use of any other remedy available. (Ord. 37 § 1 Exh. A (.08.040), 1994).

4.10.050 Exceptions.

This chapter shall not apply to a vehicle or part thereof which is: (1) completely enclosed within a building in a lawful manner or whether covered or uncovered, where it is not visible from the street or other public or private property; or (2) stored or parked in a lawful manner on private property in connection with the business of a licensed dismantled vehicle dealer and is fenced as required by state law. (Ord. 2002-259 § 2; Ord. 37 § 1 Exh. A (.08.050), 1994).

4.10.060 Notice required.

A. The last registered vehicle owner of record and the property owner of record shall each be given notice by certified mail with a return receipt requested, that a public hearing may be requested before the hearing examiner and that if no hearing is requested within 15 days from the date of the postmark of the notice, the vehicle or automobile hulk will be removed.

B. If a request for hearing is received within 15 days of the postmark, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or vehicles or part(s) as a public nuisance shall be mailed, by certified mail with a return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of each vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership or the owner of the land has denied the certifying individual entry to the land to obtain the vehicle identification number. (Ord. 37 § 1 Exh. A (.08.060), 1994).

4.10.070 Determination of responsibility.

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 may deny responsibility for the presence of the vehicle on the land stating the reason for such denial. If it is determined by the hearing examiner that the vehicle was placed on the land without consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located nor otherwise be collected from the land owner. Nothing in this chapter shall relieve the property owner from any civil penalties which may accrue from any zoning code violation related to the improper placement, parking, or storage of vehicles or parts thereof. (Ord. 37 § 1 Exh. A (.08.070), 1994).

4.10.080 Hearings.

In addition to determination of responsibility as provided in NMC 4.10.070, the hearing examiner shall receive and examine evidence on issue of whether a public nuisance as defined in this chapter exists. The decision of hearing examiner shall be final. Any further approval shall be as prescribed in Chapter 2.20 NMC, Hearing Examiner. (Ord. 37 § 1 Exh. A (.08.080), 1994).

4.10.090 Abatement and removal.

After notice has been given that the city intends to dispose of the vehicle or vehicles or part(s) thereof, and after a hearing has been held if requested consistent with this chapter, the vehicle(s) or part(s) thereof shall be removed at the direction of a law enforcement officer or zoning code enforcement officer. The vehicle(s) or part(s) thereof shall be disposed at a licensed vehicle wrecker, hulk hauler or scrap processor with notice given to the Washington State Patrol and to the Department of Licensing that the vehicle has been wrecked. (Ord. 37 § 1 Exh. A (.08.090), 1994).

4.10.100 Costs of removal and disposal.

A. The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46.12.101, or against the owner of the property on which the vehicle is stored subject to NMC 4.10.070, or both. If both the owner of the vehicle and the property owner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation.

B. The costs of administration and of removal and disposal of the vehicle may be recovered pursuant to NMC 4.25.020. (Ord. 37 § 1 Exh. A (.08.100), 1994).

4.10.110 Rules and procedures.

The director of community development may adopt such rules as may be necessary to effectively implement and administer this chapter. (Ord. 37 § 1 Exh. A (.08.110), 1994).