Chapter 7.25
JUNK VEHICLES —VEHICLE STORAGE
Sections:
I. Junk Vehicles
7.25.010 Declaration of junk vehicles as nuisance.
7.25.020 Definition of junk vehicle.
7.25.040 Junk vehicle violations.
7.25.060 Repealed.
7.25.070 Repealed.
7.25.080 Repealed.
II. Vehicle Storage
7.25.100 Storage of certain vehicles and components prohibited.
7.25.120 Declaration of public nuisance.
7.25.140 Third party liability.
I. Junk Vehicles
7.25.010 Declaration of junk vehicles as nuisance.
Junk motor vehicles in areas not zoned for storage of junk or scrap metal are hereby declared a public nuisance subject to abatement and removal. (Ord. 05-1001 § 2: Ord. 90-1048 § 27)
7.25.020 Definition of junk vehicle.
“Junk vehicle” has the same meaning as defined in RCW 46.55.010, as now or hereafter amended. (Ord. 05-1001 § 2: Ord. 90-1048 § 28)
7.25.030 Certification.
Notwithstanding any other provision of Chapter 7.10 SMC, the City Manager, or designee, 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 of the vehicle, the vehicle identification number, or license plate number of the vehicle if available. The certifying individual shall also describe any vehicle damage, any missing equipment, or condition of the vehicle, and shall also verify that the value of the junk vehicle is equivalent only to the approximate value of the scrap in it. (Ord. 05-1001 § 2: Ord. 95-1012 § 1: Ord. 90-1048 § 29)
7.25.040 Junk vehicle violations.
It shall be unlawful to park or store junk vehicles on private property, subject only to the exceptions provided in SMC 7.25.050. Such a violation shall be deemed a nuisance subject to abatement. (Ord. 05-1001 § 2: Ord. 90-1048 § 30)
7.25.050 Exceptions.
The provisions of this chapter relating to junk vehicles shall not apply to a vehicle or part thereof which: (1) is not visible from the street or other public or private property; or (2) is stored or parked in a lawful manner on fenced private property in connection with the business of a licensed hulk hauler, tow truck operator, dismantler, repair facility, or motor vehicle dealer and is fenced pursuant to RCW 46.80.130, as now or hereafter amended. (Ord. 05-1001 § 2: Ord. 90-1048 § 31)
7.25.055 Enforcement.
In addition to nuisance abatement authorized in this chapter, the provisions of this article shall be enforced pursuant to Chapter 1.15 SMC and the requirements of RCW 46.55.240(3), as now or hereafter amended. (Ord. 05-1001 § 2: Ord. 01-1006 § 4)
7.25.060 Notices required.
Repealed by Ord. 01-1006. (Ord. 90-1048 § 32)
7.25.070 Abatement and removal.
Repealed by Ord. 01-1006. (Ord. 90-1048 § 33)
7.25.080 Costs of abatement and removal.
Repealed by Ord. 01-1006. (Ord. 90-1048 § 34)
II. Vehicle Storage
7.25.090 Definitions.
The definitions set forth in Chapter 15.105 SMC, as presently existing or as may subsequently be amended, shall apply to this chapter and, in addition, the following definitions shall apply:
A. Owner. “Owner” means any person owning property, as shown on the real property records of King 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.
B. Property. “Property” means land and any buildings or structures located thereon.
C. Screening. “Screening” means, for the purposes of this chapter, solid wood fencing; chain link fencing with slats; and/or landscaping, a minimum of six (6) feet in height, capable of concealing storage from sight by standing individuals at or near property lines.
D. Apparently Inoperable Vehicle. “Apparently inoperable vehicle” means a vehicle that does not appear to comply with requirements for safe and legal operation on public streets with regards to licensing, brakes, lights, tires, safety glass or other safety equipment. (Ord. 16-1007 § 11: Ord. 15-1013 § 3: Ord. 91-1015 § 1)
7.25.100 Storage of certain vehicles and components prohibited.
No person owning, leasing, renting, occupying, being in possession or having charge of any property in the City, including vacant lots, shall retain or store, except as may be permitted by any other City ordinance, any of the following:
A. One or more wrecked, dismantled or partially dismantled, inoperative, or unlicensed (vehicle licensing plates and current tabs) and uninsured vehicles;
B. Body parts, engines or drive-train parts, or any other parts, assemblies or components of automobiles and other motor vehicles;
C. Any pickup truck campers or canopies (not mounted on a pickup truck), unless safely located within the driveway or side yard, but not within the required side yard setback. (Ord. 02-1007 § 1: Ord. 91-1015 § 2)
7.25.110 Exceptions.
The prohibitions of SMC 7.25.100 shall not apply to the following:
A. A vehicle, recreational vehicle, boat, trailer, or component thereof which is completely enclosed within a building in lawful manner where it is not visible from the street or other public or private property; or
B. A vehicle, recreational vehicle, boat, trailer, or component thereof which 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 applicable State law; or
C. A vehicle, recreational vehicle, boat, trailer, or an apparently inoperable vehicle that does not meet the definition of junk vehicle, may be stored on single-family residential lots; provided, that storage will be limited to the rear yard area and screening shall be provided between the inoperable vehicles and the adjoining properties or rights-of-way. For the purposes of this section, stored vehicles will be counted as the total number of vehicles allowed for parking on a single-family lot. Vehicles must be stored on one of the approved surfaces listed in SMC Title 15, Zoning Code. (Ord. 15-1013 § 4: Ord. 91-1015 § 3)
7.25.120 Declaration of public nuisance.
The retaining or storage of any vehicle or component in violation of SMC 7.25.100, and not within the exception of SMC 7.25.110, of this chapter, is hereby declared to be a public nuisance and shall be abated by removal. (Ord. 91-1015 § 4)
7.25.130 Enforcement.
The provisions of this article shall be enforced pursuant to Chapter 1.15 SMC. (Ord. 01-1006 § 4: Ord. 91-1015 § 5)
7.25.140 Third party liability.
It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.
It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner or owners and no provisions nor term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers and employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of a property owner to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 91-1015 § 6)