7-4 JUNKED, ABANDONED VEHICLES

CHAPTER 4
JUNKED, ABANDONED VEHICLES¹

SECTION:

7-4-4: Removal Authorized; Lien For Costs

7-4-1 STATUTES ADOPTED; DEFINITION:

A. Statutes Adopted: Chapters 46.55 and 46.79 RCW, both as now enacted or hereafter amended, are hereby adopted by reference to provide for the regulation and control of junk and abandoned vehicles, and procedures therefor, within the incorporated areas of the city of Roy.

B. Definition: A "junk vehicle," for purposes of this chapter, means a vehicle certified under RCW 46.55.230 as meeting the definition and criteria set out in chapter 46.55 RCW, and at least three (3) of the following:

1. Is three (3) years old or older;

2. Is extensively damaged, such damage including, but not limited to, any of the following: 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.

C. In the case of hulk haulers and scrap processors, a "junk vehicle" must meet all of the following criteria:

1. Is three (3) 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. Is without a valid, current registration plate;

5. Has a fair market value equal only to the value of the scrap in it. (Ord. 810, 9-10-2007; Ord. 896, 10-14-2013)

7-4-2 ABANDONMENT ON HIGHWAY OR STREET:

A. Impoundment: Any abandoned automobile hulk left within the limits of any highway or street for a period of twenty four (24) hours or longer shall be impounded to a registered tow truck operator who shall dispose of such vehicle in a manner provided for in chapter 46.55 RCW. Provided, however, that this section shall not apply to vehicles located on private property or vehicles claimed by the owner thereof who takes action to remove the vehicle within a reasonable time.

B. Responsibility: The abandonment of any automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of said hulk. A registered owner who has complied with the requirements of RCW 46.55.105 in the transfer of ownership of the vehicle or hulk shall be relieved of liability under this section. (Ord. 810, 9-10-2007)

7-4-3 ABANDONMENT ON PRIVATE PROPERTY:

A. Nuisance Declared; Impoundment; Assessment Of Costs:

1. Any junk vehicle left or abandoned on any private property within the city limits, not including highways or streets, is hereby declared to be a public nuisance and may be removed and impounded by the chief of police or any member of the police department upon notice of citation and the process set forth in the RCC, and disposed of in the manner provided in chapter 46.55 RCW. Abandoning a junk vehicle on public or private property within the city is a gross misdemeanor, punishable in accordance with this chapter, incorporating those sections of RCW 46.55.230, as amended.

2. Costs of removing the junk vehicle may be assessed against the junk vehicle’s last registered owner, if the identity of such owner can be determined, unless such owner in the transfer of ownership of such junk vehicle has complied with RCW 46.55.105. Removal costs may also be assessed against the owner of the property on which the vehicle is abandoned.

B. Notice And Hearing Requirements:

1. Prior to removal, the notice provided with the citation shall be given by the police department to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record, as verified through the Washington State Department of Licensing unless the vehicle is in such condition that identification numbers are not available to determine ownership, informing each of them that they have a right to a hearing regarding removal of the junk vehicle. Said notice shall state, at a minimum, that a hearing may be requested by way of a written form to Roy municipal court, and that if no hearing is requested, the vehicle will be removed. If no hearing is requested within five (5) working days, the vehicle will be removed and disposed of.

2. If a hearing is requested, Roy municipal court shall notify the vehicle’s last registered owner and the owner of the property on which the vehicle is abandoned of the time, location, and date of the hearing by certified mail, with a five (5) working day return receipt requested. Any hearing under this section shall be conducted in accordance with chapter 46.55 RCW, by the city of Roy municipal court judge.

C. Exceptions: This section shall not apply to:

1. A vehicle 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 stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, or licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130.

D. Denial Of Responsibility: The owner of the land on which the junk 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 reasons for such denial. If it is determined at the hearing that the junk vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then he shall not be liable for costs of administration or removal of the junk vehicle.

E. Vehicle Disposal By City: After notice has been given of the intent of the city to dispose of the junk vehicle, and after a hearing, if requested, has been held, the junk vehicle shall be removed, at the request of the chief of police or his agent, and disposed of to a licensed auto wrecker with notice to the Washington state patrol and the department of motor vehicles that the vehicle has been wrecked.

F. City Operation Of Disposal Site: The city may operate a disposal site if the city council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicle or parts, or may transfer such vehicle or parts to another governmental body, provided such disposal shall be only as scrap. (Ord. 810, 9-10-2007; Ord. 896, 10-14-2013)

7-4-4 REMOVAL AUTHORIZED; LIEN FOR COSTS:

A. Removal Authorized: Whenever any owner or person having possession or control of real property finds a vehicle standing upon such property without his consent, he is authorized to have such vehicle removed from such property and stored or held for its owner.

B. Towing And Storage Costs; Lien: Any towing firm providing such removal service shall promptly report the fact of a vehicle impound together with the license number, make, year and place of impound of such vehicle to the appropriate law enforcement agency, and shall post the authorized charges therefor prominently at its place of business, and the charges and costs incurred in the removal of any such vehicle as aforementioned shall be paid by such vehicle’s owner, and shall be a lien upon said vehicle until paid, and said lien may be enforced as otherwise provided by law for the enforcement of towing or storage liens or liens generally. (Ord. 810, 9-10-2007)

7-4-5 PENALTY:

Any person violating any of the provisions of this chapter is guilty of a gross misdemeanor and shall be served with a written notice, and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 810, 9-10-2007)