Chapter 10.92
JUNK VEHICLES
Sections:
10.92.030 Abatement procedure.
10.92.040 Assessment of costs of abatement.
10.92.060 Alternative abatement.
10.92.010 Definitions.
The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 46.55.010(4). (Ord. 1724 § 20, 1998).
10.92.020 Nuisance declared.
A junk vehicle remaining on private property, with or without the consent of the owner, for more than 20 days is a public nuisance and shall be abated in accordance with the procedures listed in POMC 10.92.030. (Ord. 1724 § 20, 1998).
10.92.030 Abatement procedure.
(1) A police officer or designated code enforcement officer shall inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail those criteria which bring the vehicle under the definition of a junk vehicle.
(2) Upon request from a police officer or designated code enforcement officer presenting the information outlined in subsection (1) of this section, the city engineer shall issue an abatement notice by registered or certified mail to the last registered owner of record of the vehicle and the record owner of the property upon which the vehicle is located that such vehicle has been declared a nuisance, that the city will remove and dispose of the vehicle, that a hearing regarding the removal and disposal of the vehicle may be requested and the manner for requesting such a hearing, that, if no request for a hearing is received by the city within 10 days from the date such notice is mailed, the city will abate the nuisance by removal and disposal of the vehicle, and that costs of removal and disposal may be assessed against the last registered owner of record of the vehicle and the record owner of the property upon which the vehicle is placed; provided, that notice to the last registered owner of record of the vehicle is not required where the vehicle is in such condition that identification numbers are not available to determine ownership.
(3) If a request for a hearing is received by the city within 10 days from the date the abatement notice is mailed, 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, by certified mail, with a five-day return receipt requested, to the owner of record of the property upon which the vehicle is located and to the last registered owner of record; provided, that notice to the last registered owner of record of the vehicle is not required where the vehicle is in such condition that identification numbers are not available to determine ownership.
(4) After notice has been given to the registered owner of the vehicle and to the record owner of the property upon which the vehicle is located of the intent of the city to remove and dispose of such vehicle as a nuisance, and after a hearing, if requested, has been held, the junk vehicle shall be removed at the request of the city engineer; provided, that notice to the last registered owner of record of the vehicle is not required where the vehicle is in such condition that identification numbers are not available to determine ownership. The city engineer shall direct a registered disposer to remove and dispose of such junk vehicle. The city engineer shall additionally notify the Washington State Patrol and the Washington Department of Licensing that such vehicle has been wrecked. (Ord. 1724 § 20, 1998).
10.92.040 Assessment of costs of abatement.
(1) Costs of abatement and removal of junk vehicles shall be a joint and several debt assessable against the registered owner of such vehicle and the record owner of the property from which such vehicle is removed for disposal except as otherwise provided for in this section.
(2) Costs of abatement and removal of junk vehicles shall not be assessed against the registered owner of such vehicle if the registered owner has transferred ownership prior to the notice of abatement being mailed, and the registered owner has complied with RCW 46.12.101.
(3) The record owner of the property from which the vehicle is removed for disposal 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 the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the city shall not assess costs for the removal and disposal of such vehicle against the record owner of the property. (Ord. 1724 § 20, 1998).
10.92.050 Exceptions.
This chapter relating to junk vehicles shall not apply to:
(1) 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
(2) A vehicle or part thereof that 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 RCW 46.80.130. (Ord. 1724 § 20, 1998).
10.92.060 Alternative abatement.
Nothing in this chapter or other ordinances and regulations of the city shall restrict a private landowners’ authority to have vehicles removed under the common law or pursuant to state statutes. (Ord. 1724 § 20, 1998).
10.92.070 Hearings.
All hearings required by this chapter shall be conducted by an administrative hearings officer who shall be the judge, or judge pro tem, of the Port Orchard municipal court. The decision of the administrative hearings officer shall be a final decision. (Ord. 1724 § 20, 1998).