Chapter 10.28
ABANDONED VEHICLES

Sections:

10.28.010    Definitions.

10.28.020    Public nuisances.

10.28.030    Enforcement authority.

10.28.040    Public hearing—Notices.

10.28.050    Public hearing—Property owner’s rights.

10.28.060    Removal and disposal of vehicle.

10.28.070    Costs of abatement and removal.

10.28.010 Definitions.

For the purpose of this chapter: “Abandoned vehicle” shall have the same meaning as in RCW 46.55.010.

“Abate”, “owner”, “person” and “premises” shall have the same meanings as in RMC 8.12.010 as last amended by section 1 of Ordinance No. 437.

“Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least 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, tire, motor, or transmission;

C.    Is apparently inoperable; or

D.    Has an approximate fair market value equal only to the approximate value of the scrap in it.

“Town” means “city of Rainier”.

“Unauthorized vehicle” means any vehicle left upon the private property of another without the consent of the owner of such property for a period of twenty-four (24) hours or longer, except that a vehicle shall not be considered unauthorized if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. The procedure for removal of an unauthorized vehicle shall be as prescribed in RCW 46.55.010(13) as it now exists or is hereafter amended.

“Vehicle” unless clearly limited by its context, includes but is not limited to “junk vehicle.”

“Wrecked, dismantled, or inoperative vehicle or automobile hulk” means the remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs. (Ord. 474 § 1, 2002: Ord. 249 § 1, 1986)

10.28.020 Public nuisances.

Abandoned, unauthorized, wrecked, dismantled, junk or inoperative vehicles or automobiles hulks or parts thereof on private property are declared to be public nuisances which shall be abated and removed as provided in this chapter; provided, that this shall not apply to:

A.    Any vehicle or hulk or part thereof of 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 in connection with the business of a licensed dismantler or licensed vehicle dealer, on private property fenced in accordance with the provisions of RCW 46.80.130; or

C.    Any vehicle or hulk or part thereof stored or parked on private property in connection with the licensed business of an auto-wrecking yard or junkyard. (Ord. 474 § 2, 2002: Ord. 249 § 2, 1986)

10.28.030 Enforcement authority.

The town shall enforce this chapter and shall be responsible for the abatement and removal of any vehicle or hulk or part thereof declared in Section 10.28.020 to be a public nuisance. (Ord. 249 § 3, 1986)

10.28.040 Public hearing—Notices.

A.    Before abatement and removal of any such vehicle or hulk or part thereof from private property, the town clerk-treasurer shall give notice that a public hearing may be requested before the town council and that if no such hearing is requested within ten days of the date of such notice, the vehicle or hulk or part thereof described in the notice will be abated and removed by the town council and the costs of such abatement and removal collected from the registered owner of such vehicle or hulk or part thereof or from the owner of the property upon which such vehicle or hulk or part thereof is located.

B.    Upon receipt of any such request for public hearing, the town council may by resolution set a date for public hearing on the question of abatement and removal of the vehicle or hulk or part thereof as a public nuisance and shall cause to be given notice of the time, location and date of such hearing.

C.    The notices provided for in this section shall be mailed by certified or registered mail, with a five-day return requested, to the owner of the property on which such vehicle or hulk or part thereof is located, as shown on the last equalized assessment roll and, if identification numbers are available to determine ownership, to the last registered and legal owner of record of such vehicle or hulk or part thereof. (Ord. 249 § 4, 1986)

10.28.050 Public hearing—Property owner’s rights.

The owner of the property upon which any such vehicle or hulk or part thereof is located may appear at such hearing in person or may timely present a written statement for consideration at such hearing, and may deny responsibility for the presence of such vehicle or hulk or part thereof on such property, giving reasons for such denial. If it is determined at such hearing that the vehicle or hulk or part thereof was placed on such property without the consent of the property owner, and that he has not subsequently acquiesced in its presence, then the town shall not attempt to collect the cost of abatement and removal of any part thereof from the property owner. (Ord. 249 § 5, 1986)

10.28.060 Removal and disposal of vehicle.

After notice has been given of the city’s intent to abate and remove any such nuisance, and after public hearing if such is requested all as provided in Section 10.28.040, the city’s chief law enforcement officer shall give notice to the Washington State Patrol and the Washington State Department of Licenses that such vehicle or hulk or part thereof has been wrecked, and the proceeds of any such disposition shall be used to defray the costs of abatement and removal of any such vehicle, hulk or part thereof, including costs of administration. Nothing in this section or Chapter 10.28 RMC shall be construed to impair the right of the city to collect any or all of such costs or any remaining unreimbursed costs of abatement and removal from the registered owner of such vehicle or hulk or part thereof or from the owner of the property upon which such vehicle or hulk or part thereof is located, as provided in RMC 1028.070, or the city’s authority to impose penalties as provided in chapter 8.12 of the Rainier Municipal Code in addition to such remedies. (Ord. 474 § 3, 2002: Ord. 249 § 6, 1986)

10.28.070 Costs of abatement and removal.

The costs of abatement and removal of any such vehicle, hulk or part thereof, including costs of administration, shall be collected from the last registered owner thereof if the identity of such owner can be determined and unless such owner in the transfer of ownership thereof has complied with RCW 46.12.101 as amended; or, except as provided in Section 10.28.050, the costs shall be collected from the owner of the property on which such vehicle, hulk or part thereof is located. (Ord. 249 § 7, 1986)