Chapter 8.30


8.30.010    Purpose.

8.30.020    Definitions.

8.30.030    Unlawful to store junk vehicles.

8.30.040    Voluntary compliance.

8.30.050    Issuance of civil infraction.

8.30.060    Repealed.

8.30.070    Warrant of abatement.

8.30.080    Removal of junk vehicle or parts thereof.

8.30.090    Repealed.

8.30.100    Repealed.

8.30.110    Civil monetary penalties.

8.30.120    Repealed.

8.30.130    Summary abatement.

8.30.140    Inspections.

8.30.150    Protection of public.

8.30.160    Repealed.

8.30.010 Purpose.

The purpose of this chapter is to provide a means as authorized by statute for the abatement of the nuisance of junk vehicles on private property in the city of Newport, thus improving the health, welfare and safety of the citizens of Newport and improving the city’s neighborhood as authorized by RCW 46.55.240. (Ord. 849 § 1, 1994)

8.30.020 Definitions.

For the purposes of this chapter the following terms are hereby defined:

A. “Abate” means to remove, destroy or to otherwise remedy a condition by such means and in such manner as is necessary in the interests of the general health, safety and welfare of the community.

B. “Civil infraction” means a violation of a provision of this chapter for which a monetary penalty as set forth in NMC 1.16.030 may be imposed under this chapter. Each day in which a violation occurs or continues to exist is a separate violation.

C. “Junk vehicle” means any vehicle substantially meeting three or more of the following requirements (RCW 46.55.010(5)):

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, or 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.

D. “Premises” means any parcel of land, whether improved or not.

E. “Landowner” means, in addition to the definition of “owner” in NMC 1.04.010, any person owning real property, as shown on the real property records of Pend Oreille 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. (Ord. 2100 § 1, 2022; Ord. 849 § 2, 1994)

8.30.030 Unlawful to store junk vehicles.

It is unlawful and a violation of this chapter for the owner of any residential premises in the city, or the resident on any residential premises in the city, to store, keep or accumulate any junk vehicle or vehicles on such property, or to allow anyone else to store, keep or accumulate junk vehicles on such property; provided, this chapter does not apply to a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or to a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. (Ord. 2100 § 2, 2022; Ord. 849 § 3, 1994)

8.30.040 Voluntary compliance.

A. The police department shall investigate and inspect for violations of this chapter, and when its employee or agent observes a violation, or what the employee or agent believes to be a violation, he/she shall attempt to contact the landowner of the property and make reasonable attempts to get the landowner voluntarily to remove such junk vehicle.

B. The police department, prior to issuing a civil infraction, may authorize a “voluntary correction agreement” with the landowner responsible for correcting the condition.

C. Any such voluntary correction agreement shall be a contract between the city and the landowner and shall follow a form to be prepared by the city attorney. It shall be entirely voluntary, and no one shall be required to enter into such an agreement.

D. In such voluntary correction agreement the landowner shall:

1. Acknowledge that a violation exists, as shall be briefly there described;

2. Acknowledge that it is his/her responsibility to abate the violation;

3. Agree to do so within a specified time;

4. Agree to do so according to the conditions to be there agreed to; and

5. Also acknowledge that if he/she does not accomplish the terms of such agreement within the time specified therein the city may proceed with issuing a civil infraction in accordance with NMC 8.30.050.

E. The police department may later agree to extend the time limit for correction or may agree to modify the required corrective action, but shall agree to extend or to modify only if the person responsible has shown due diligence and/or substantial progress in correcting the violation but has shown unforeseen circumstances which require such extension or modification. (Ord. 2100 § 3, 2022; Ord. 849 § 4, 1994)

8.30.050 Issuance of civil infraction.

A. When the police department’s attempts at voluntary compliance as set forth in NMC 8.30.040 are unsuccessful, the police department shall issue a civil infraction to the last registered owner of record of the vehicle and the landowner of record who are responsible for storing or keeping a junk vehicle or parts thereof in violation of this chapter. (Ord. 2100 § 4, 2022; Ord. 849 § 5, 1994)

8.30.060 Service of citation.

Repealed by Ord. 2100. (Ord. 849 § 6, 1994)

8.30.070 Warrant of abatement.

Upon the failure of the landowner to abate the junk vehicle or parts thereof after a civil infraction has been found committed, the city reserves the right to seek a warrant of abatement in accordance with Chapter 7.48 RCW. (Ord. 2100 § 6, 2022; Ord. 849 § 7, 1994)

8.30.080 Removal of junk vehicle or parts thereof.

Upon issuance of a warrant of abatement, the police department shall proceed to have the junk vehicle, or parts thereof, removed and the costs of such removal, including court filing and administrative costs, shall be the responsibility of the registered owner of the vehicle and/or landowner jointly and severally; and notice shall be given to the Washington State Patrol and the Department of Licensing that the junk vehicle(s), or parts thereof, has been wrecked. (Ord. 2100 § 7, 2022; Ord. 849 § 8, 1994)

8.30.090 Decision by administrative hearings officer.

Repealed by Ord. 2100. (Ord. 849 § 9, 1994)

8.30.100 Abatement by city.

Repealed by Ord. 2100. (Ord. 849 § 10, 1994)

8.30.110 Civil monetary penalties.

Any person who violates any provision of this chapter shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. (Ord. 2100 § 10, 2022; Ord. 849 § 11, 1994)

8.30.120 “Voluntary correction agreement.”

Repealed by Ord. 2100. (Ord. 849 § 12, 1994)

8.30.130 Summary abatement.

Whenever the police finds an emergency condition results from an unlawful condition under this chapter which threatens the safety of any person or results from refusal of anyone to observe a lawful order under this chapter, he/she shall consult with the city attorney and then the city may summarily and without notice proceed to abate the condition or remove the vehicle. Notice of the city’s action shall be given the person responsible for the condition as soon thereafter as possible. (Ord. 849 § 13, 1994)

8.30.140 Inspections.

City employees may make inspections from public streets or alleys or may enter upon private property with the consent of the owner or occupant thereof to make inspections and also to abate emergency conditions under NMC 8.30.130. (Ord. 2100 § 12, 2022; Ord. 849 § 14, 1994)

8.30.150 Protection of public.

This chapter is to protect the public health, safety and welfare and is not enacted to benefit or protect any individual person or any group or class of persons. None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 2100 § 13, 2022; Ord. 849 § 15, 1994)

8.30.160 Alternative remedy.

Repealed by Ord. 2100. (Ord. 849 § 16, 1994)