Chapter 10.20 ABANDONED VEHICLES

The Board of County Commissioner finds and declares that the protection and welfare of the general public require the establishment of a suitable means of disposing of abandoned, wrecked, dismantled or inoperative vehicles; automobile hulks or parts thereof; or impounded vehicles or impounded automobile hulks or parts thereof found within the County outside the corporate limits of any city or on property owned by the County within or without the corporate limits of any city.

10.20.020 Definitions.

(1) “Abandoned vehicle” as used in this Ordinance means any vehicle left within the limits of any highway or upon the 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 abandoned 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.

(2) “Abandoned junk motor vehicle” is defined by R.C.W. 46.52.145 or its statutory successor.

(3) “Abandoned automobile hulk” as used in this Ordinance means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanism and the application of a substantial amount of labor to effect repairs and which has remained in substantially the same condition for a period of twenty-four (24) hours or longer.

(4) “Highway, street, or road” as used in this ordinance means the entire width between the boundary lines of every publicly maintained way within the limits of Skagit County and without the limits of any incorporated city or town, when any part thereof is open to the use of the public for purposes of vehicular travel.

Property owned or possessed by the County and maintained for the public for the purposes of parking or keeping vehicles, and the property providing immediate ingress and egress thereto, except alleys, or property owned or possessed by the County and maintained by the public to which vehicular access can be gained, but which is not intended for general vehicular travel, and the property providing immediate ingress and egress thereto, except alleys, is not a “highway, street or road.”

(5) “Alley” means a public highway not designed for general travel and used primarily as a means of access to the rear of residence and business establishments.

(6) “Legal owner” means a mortgagee or owner of the legal title to a vehicle.

(7) “Owner” shall mean the legal or registered owner.

(8) “Person” as used in this ordinance means any natural person, firm, partnership, association, corporation, company, or organization of any kind.

(9) “Property” as used in this ordinance means any property within the limits of Skagit County, either within or without the corporate limits of any city, not including highways.

(10) “County property” as used in this ordinance means any property owned or possessed by Skagit County, either within or without the corporate limits of any city, not including highways.

(11) “Registered owner” means a person who holds a certificate of ownership of a vehicle, or in the event the vehicle is subject to an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then any such conditional vendee or lessee or mortgagor having a lawful right of possession or use and control for a period of ten (10) or more successive days.

(12) “Vehicle” as used in this Ordinance shall include every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracts.

10.20.030 Use of tow truck operator appointed by the Director of the Department of Motor Vehicles to dispose of abandoned vehicles and automobile hulks.

When ordering the towing or removing of a vehicle or automobile hulk that appears likely to be disposable pursuant to R.C.W. 46.52.111 and R.C.W. 46.52.112, the Sheriff shall engage the services of a tow truck operator that is currently appointed by the Director of Motor Vehicles to dispose of abandoned vehicles and automobile hulks. A vehicle that appears to qualify for disposal under Subsection 10.20.150(2) of this Chapter, or for disposal as an abandoned junk motor vehicle (See Subsection 10.20.150(3) of this Chapter), is one not likely to be disposable pursuant to R.C.W. 46.52.111 and R.C.W. 46.52.112.

If no tow truck operator so appointed by the Director of the Department of Motor Vehicles is available, the Sheriff may engage the services of others for the towing or removal of a vehicle or automobile hulk.

This Section does not prohibit the Sheriff from engaging the services of a tow truck operator so appointed when it appears that the vehicle or automobile hulk is not likely to be disposable pursuant to R.C.W. 46.52.111 and R.C.W. 46.52.112.

10.20.040 Authority of Sheriff to process abandoned vehicles or automobile hulks found on highways.

An abandoned vehicle or abandoned automobile hulk may be processed for impoundment and eventual disposal pursuant to this ordinance.

A person may inform the Sheriff that he or she is leaving their vehicle in one location for an extended period of time and will be unable to move it or to receive notice. If the vehicle is lawfully parked and does not otherwise constitute a nuisance, the Sheriff may designate that the vehicle will not be considered abandoned for a time reasonable under the circumstances.

10.20.050 Authority of Sheriff to process abandoned vehicles or automobile hulks on private property without the owner’s consent.

Upon receiving a complaint from the owner or lessee of property that a vehicle or automobile hulk has been left upon their property for twenty-four (24) hours or longer without their consent, the Sheriff may process said vehicle for impoundment and eventual disposal pursuant to this ordinance.

10.20.060 Notice and hearing for regularly impounded vehicles.

(1) Notice:

(a) Before impounding a vehicle or automobile hulk pursuant to Sections 10.20.040 and 10.20.050 of this Code, notice that it is considered abandoned and will be impounded and disposed of shall be given. When a vehicle or automobile hulk contains proper current registration or license information or when its owner can be readily ascertained from other information available, notice shall be given by certified or registered mail, with a five-day return receipt requested to the last registered and legal owner of the vehicle;

(b) Notice shall also be affixed to the vehicle;

(c) When the vehicle or automobile does not contain proper current registration or license information or when its owner cannot be readily ascertained from other information available, notice shall be published once in a newspaper of general circulation in the County;

(d) Notice affixed to the vehicle shall be sufficient by itself for abandoned junk motor vehicles.

(2) Hearing:

(a) Right to hearing; waiver of hearing: A hearing before the County Commissioners shall be held when requested by the legal or registered owner before a vehicle or automobile hulk is impounded under Sections 10.20.040 and 10.20.050 of this Code and disposed of. A hearing day shall be set by the County Commissioners.

The right to a hearing may be waived orally, in writing, or by action indicating no desire for a hearing, but only after notice.

A legal owner who is not also the registered owner is entitled to a hearing before sale or other disposal of a vehicle or automobile hulk, but not before impoundment. Waiver of a hearing by a registered owner or by a legal owner does not waive the rights of the other when they are not the same person;

(b) A hearing must be requested within ten (10) days of the mailing or publication or giving of notice to be timely. The day after the notice is given shall be the first of the ten (10) days. If the tenth (10th) day falls on a weekend or a county holiday, it shall be moved to the next county business day;

(c) Grant of hearing when not timely requested: If an owner has failed to make a timely request for a hearing, a request for a hearing shall be allowed if made before impoundment or, for cause shown, by leave of the County Commissioners. If an untimely request is made before impoundment but the vehicle or automobile is subsequently impounded, the impoundment shall nevertheless be valid and a hearing shall be granted;

(d) Nature of hearing: The hearing before impoundment may also constitute the hearing to authorize disposal and to determine liability for towing and storage costs, or a separate such hearing may be held. A pre-impoundment hearing may be confined to the questions of the propriety of impounding and of abandonment.

A post-impound hearing may deal with the questions of the propriety of the impoundment or of abandonment unless a pre-impoundment hearing already decided these questions.

10.20.070 Authority to impound abandoned vehicles.

The Sheriff shall have authority to impound an abandoned vehicle or automobile hulk under the following circumstances:

(1) Notice has been given, the time for a request for a hearing has passed, and no request for a hearing has been made;

(2) Notice has been given, the time for a request for a hearing has passed, and an untimely request has been received, but said request was not received one (1) full County business day before the Sheriff orders an impoundment; or

(3) The registered owner has waived the right to a hearing or to a hearing before impoundment.

10.20.080 Presumption of abandonment.

An abandoned vehicle or an abandoned automobile hulk as defined by this ordinance shall be presumed to be abandoned if it remains as such for a period of forty-eight (48) hours or more after being considered abandoned. This presumption is for impoundment purposes only.

10.20.090 Liability.

The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last registered owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing and disposing of such vehicle or automobile hulk. A registered owner who has complied with the requirements of R.C.W. 46.52.104 (Section 10.20.100 of this Chapter) in the transfer of ownership of the vehicle or hulk shall be relieved of liability under this Section. Costs shall be reduced by the proceeds of disposition.

10.20.100 Relief from liability.

A registered owner transferring a motor vehicle shall be relieved from personal liability under this Chapter if, within five (5) days of the transfer, he transmits to the Department of Motor Vehicles, on a form prescribed by the Director of Motor Vehicles, notice that he has transferred his interest in the vehicle, the name of the transferee, and the date on which the transaction was made.

10.20.110 Exigent circumstances when immediate impoundment is authorized.

A vehicle or automobile hulk on the highway or on County property may be impounded immediately and without notice as enumerated below:

(1) When it is parked in such a position that it constitutes an obstruction to traffic;

(2) When it is blocking a driveway;

(3) When it is blocking ingress or egress to County property;

(4) When it is located in such a place as to or otherwise appears to endanger or be likely to endanger persons or property; or

(5) In the event that its operator is arrested or placed in custody or in the event that it or its operator has been incapacitated and the operator is physically or mentally incapable of deciding or is unwilling to decide upon steps to be taken with its care and keeping, and there is no other person present with authority to take custody of the vehicle or decide upon steps to be taken with its care and keeping.

Notwithstanding any other provision of this Chapter, when a vehicle’s owner is taken into custody or is incapacitated as a result of physical injury or mental trauma, and as a result his or her vehicle or automobile hulk is impounded, it shall not be considered abandoned and may not be sold or otherwise disposed of until he or she is given notice and opportunity to act or to appoint an agent, or a member of his or her family or a legal representative has been notified and given an opportunity to act or to appoint an agent. If it appears that towing, handling, storage and other costs of final disposition will equal or exceed the value of the vehicle, there shall be an exception to the requirements of the preceding sentence and the vehicle or automobile hulk may be disposed of according to the other provisions of this Chapter.

10.20.120 Exigent circumstances when immediate impoundment from private property is authorized.

If a vehicle or automobile hulk has been left upon private property without the consent of the owner or lessee, and if the vehicle or automobile hulk is located in such a place as to prevent the egress of other vehicles lawfully on the private property, or the ingress of necessary service or emergency vehicles, the Sheriff may order the impoundment of the offending vehicle upon receiving a complaint from the owner or lessee of the property. The vehicle shall not be impounded unless the owner or lessee of the property gives permission to post a notice on the property near where the impounded vehicle was located. Notice posted on the property is optional and not mandatory.

10.20.130 Initial procedures for vehicles impounded under exigent circumstances—Notice and hearing.

(1) Vehicles or automobile hulks impounded pursuant to Sections 10.20.110 and 10.20.120 of this Chapter may be disposed of only after notice and an opportunity for a hearing, if requested, and after being deemed abandoned.

(2) Vehicles or automobile hulks impounded pursuant to Sections 10.20.110 and 10.20.120 of this Chapter may be deemed abandoned for the purpose of the Sheriff authorizing their release from his custody for sale or other disposition if they remain unclaimed for a period of fifteen (15) days from the day of impoundment. For purposes of a sale under R.C.W. 46.52.111 and R.C.W. 46.52.112, and Section 10.20.150 of this Chapter, the tow truck operator may consider the vehicle or automobile hulk abandoned for the purpose of proceeding as required by State statute, if it remains unclaimed for a period of five (5) days. There shall be no actual sale or other disposition until after the fifteen (15) days and after the time set forth below for requesting a hearing.

(3) Notice:

(a) When a vehicle or automobile hulk is impounded under this Chapter and disposed of in any manner, notice and an opportunity for hearing must be given before sale or other disposition.

Within five (5) days of the impoundment, notice that the vehicle or automobile hulk has been impounded and that there is an opportunity for a hearing prior to its sale or other disposition must be given.

(b) When a vehicle or automobile hulk does not contain proper current registration or license information, and when its owner cannot be readily ascertained from other information available, notice shall be published once in a newspaper of general circulation in the County.

(c) In the case of abandoned junk motor vehicles that are impounded pursuant to Sections 10.20.110 and 10.20.120 of this Chapter, any reasonable form of notice, including posting a notice near the place from which it was towed, shall be sufficient.

(4) Regular Hearing:

(a) A hearing before the County Commissioners shall be held before a vehicle or automobile hulk is disposed of when such a hearing is requested by the legal or registered owner.

The right to a hearing may be waived orally, in writing, or by actions indicating no desire for a hearing, but only after notice.

A legal owner or registered owner cannot waive the other’s right to a hearing before disposal when they are different persons.

(b) A hearing must be requested within ten (10) days of the mailing or publication or giving of notice. The day after the notice is given shall be the first of the ten (10) days. If the tenth (10th) day falls on a weekend or a County holiday, it shall be moved to the next County business day.

In the case of an abandoned junk motor vehicle, a hearing must be requested within two (2) days of the giving of notice. The day after the notice is given shall be the first of the two (2) days. If the second day falls on a weekend or a County holiday, it shall be moved to the next County business day.

10.20.140 Authority to dispose.

A vehicle or automobile hulk impounded pursuant to Sections 10.20.070, 10.20.110 and 10.20.120 of this Chapter may be disposed of when any of the following occurs:

(1) After a hearing in which the County Commissioners have voted to authorize a disposal and have not stayed their order;

(2) After the required notice and when the time has passed for requesting a hearing and no hearing has been granted in response to an untimely request, and after fifteen (15) days from the day of impoundment; or

(3) When both the legal and registered owners have waived their rights to a hearing.

10.20.150 Disposal of vehicles and automobile hulks—Notice to Sheriff—Penalty.

Every vehicle or automobile hulk authorized for disposal by Section 10.20.140 of this Chapter shall be disposed of as follows:

(1) Statutory Disposal:

(a) Every vehicle or automobile hulk, excepting those of a model year ten (10) or more years prior to the calendar year in which they are stored or are abandoned junk motor vehicles, shall be disposed of by a registered disposer pursuant to R.C.W. 46.52.111 and R.C.W. 46.52.112 (after required notice - See Section 10.20.140(2) of this Chapter).

(b) In addition to the requirements of the aforesaid statutes, the disposer shall give notice to the Sheriff of the date, method and result of sale.

(2) Nuisance Vehicles:

(a) Every vehicle or automobile hulk that is of a model year ten (10) or more years prior to the calendar year in which such vehicle is stored, excepting those that are abandoned junk vehicles or are listed as stolen, shall be declared a public nuisance by the Sheriff and sold as he directs (after required notice - See Section 10.20.140(2) hereof).

(b) Whoever shall sell a vehicle or automobile hulk pursuant to this Subsection shall remit to the County the proceeds of the sale that are in excess of towing, handling, storage, and costs of sale, if any. The person who removed the vehicle, and any subsequent handler, is liable to the County for the proceeds of sale in excess of such costs. A total of such costs in excess of one-hundred ($100.00) dollars shall not be allowed except:

(i) When a written explanation of such costs is submitted to and approved by the County Commissioners or their agent appointed to make this determination; or

(ii) When the County Commissioners or their agent appointed to make such authorization have authorized such an excess.

However, an approval or an authorization does not deprive the County of any other legal, contractual or equitable claim or defense that it may have with regard to such costs, but only removes the limits set by this Subsection on the amount that may be claimed.

(c) If the amount received at the sale is insufficient to compensate the seller or disposer for costs, he or she shall be entitled to make a claim for any deficiency, not to exceed one-hundred dollars ($100.00) less the amount received at the sale, against the last registered owner of the vehicle or automobile hulk. A registered owner who has complied with Section 10.20.100 of this Chapter in the transfer of ownership of the vehicle or automobile hulk shall be relieved of liability under this Section.

(d) The seller or disposer shall give notice to the Sheriff of the date, method and result of such sale or disposal.

(3) Abandoned Junk Motor Vehicles:

(a) Every abandoned junk motor vehicle that has not been listed as stolen may be authorized for disposal by the Sheriff, pursuant to R.C.W. 46.52.145 and R.C.W. 46.52.150, or their statutory successors. Any monies arising from disposal in excess of costs to those hauling or handling the abandoned junk motor vehicle shall be remitted to the County General Fund.

(b) The hauler or handler shall give notice to the Sheriff to the transferee of the abandoned junk motor vehicle and the date and the result of the disposal.

(4) A vehicle listed as stolen may be disposed of as normal police procedures require or authorize.

(5) Penalty: Failure to report to the Sheriff the details of sale or disposal as required by Sections 10.20.150(1)(b), (2)(d), and (3)(b) shall be a misdemeanor punishable by imprisonment in the County Jail for not more than ninety (90) days, or by a fine of not more than two-hundred-fifty dollars ($250.00). A willfully inaccurate report shall be treated as a failure to report.

10.20.160 Exceptional sale or disposal.

Notwithstanding other provisions of this Chapter, whenever it appears reasonably likely that the total properly allowable costs of handling and storing the vehicle or automobile hulk are about to exceed its apparent fair market value, it may be sold or disposed of immediately. The owner shall be entitled to notice and a hearing after such a sale or disposal.

10.20.170 Owner may redeem custody of vehicle—Expeditious hearing— Hearing Examiner—Appeal.

Only the owner of a vehicle or automobile hulk as known to one having custody of it, one who has purchased it, or a person authorized by the owner who produces proof of ownership and authorization, and signs a receipt therefor, may redeem an impounded vehicle or automobile hulk at any time prior to its sale or disposal, upon payment of the costs related to its towing, handling and storage. This may be done without waiving the owner’s right to a hearing.

Upon a proper claim and showing by an owner whose vehicle was impounded pursuant to Sections 10.20.110 or 10.20.120 of this Chapter that he or she is unable to pay the above costs, a hearing shall be held as soon as reasonably possible. The County Commissioners may appoint a hearing examiner to conduct such a hearing and render a decision. Before deciding the issues presented by the owner, a decision shall be rendered on the propriety of the claimed inability to pay costs.

The decision of the hearing examiner may be appealed by requesting a regular hearing before the County Commissioners. This request shall be made by the end of the second County business day after the day of being informed of the decision or within the time limit set for requesting a regular hearing in Section 10.20.130 of this Chapter.

10.20.180 Other powers not superseded.

This Chapter shall not be the exclusive authority for impounding vehicles or automobile hulks. In particular, it does not supersede or reduce the inherent powers of law enforcement officers to impound vehicles or automobile hulks when thought to be stolen, for evidence, when necessary to protect the public, and when enforcing other ordinances.

10.20.190 Public nuisance as determined by the County Commissioners.

(1) Upon the receipt of a complaint from a private person regarding the presence of an abandoned, wrecked, dismantled or inoperative vehicle or automobile hulk, or parts thereof, on private property, or upon his or her own initiative, the Sheriff or a duly appointed deputy shall cause written notice to be given to the last registered and legal owner of record and the property owner of record that a public hearing may be requested before the County Commissioners and that if no hearing is requested within twenty (20) days from the date of receipt of such notice, the vehicle or hulk or part thereof described in said notice will be abated, impounded and removed by the County, and the costs of such abatement, impoundment and removal collected from the last registered owner of such vehicle or automobile hulk, or part thereof, if the identity of such owner can be determined, unless such owner, in the transfer of such vehicle or hulk, has complied with R.C.W. 46.52.104 and Section 10.20.100 of this Chapter, or the costs may be assessed against the owner of the property on which the vehicle is stored.

Upon receipt of any such request for public hearing, the County Commissioners shall by resolution set a date for public hearing on the question of abatement and removal of the vehicle or automobile hulk or part thereof as a public nuisance, and shall cause to be given twenty (20) days’ notice of the time, location and date of such hearing.

The notices provided for in this Section shall be sent by certified or registered mail, within a five (5) day return receipt 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, if identification numbers are available to determine ownership, to the last registered and legal owner of record of such vehicle or automobile hulk or part thereof.

(2) The owner of the property upon which any such vehicle or automobile 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 automobile hulk or part thereof on such property, giving reasons for such denial.

If it is determined at such hearing that said vehicle or automobile hulk or part thereof was left on such property without the consent of the property owner, and that he has not subsequently acquiesced in its presence, then the County shall not assess costs of administration or of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner.

(3) When twenty (20) days elapse after receipt of the notice of the County’s intent to abate and remove any such nuisance, or after a public hearing, if such is requested, at which the Sheriff’s determination of nuisance has been affirmed, the Sheriff shall cause such vehicle or automobile hulk or part thereof to be removed and disposed of to a licensed auto wrecker and shall give notice to the Washington State Patrol and the Department of Motor Vehicles that such vehicle or automobile hulk or part thereof has been wrecked, and the proceeds of such disposition shall be used to defray the cost of abatement and removal of it, including costs of administration. Any excess over costs shall be deposited in the County General Fund.

(4) This Section shall not apply to:

(a) A vehicle or part thereof which is completely enclosed within any building or other enclosure in a lawful manner, or where it is not otherwise visible from the street, or other public or private property; or

(b) A vehicle or part thereof which is stored or parked in a lawful manner upon private property in connection with a business of a licensed dismantler, or vehicle dealer, fenced according to the provisions of R.C.W. 46.80.130.

(5) For the purposes of this Section, an abandoned vehicle or automobile hulk includes a vehicle or hulk on the property of its owner.

(6) If determining that there is a public nuisance, the County Commissioners must find that the presence of the vehicle(s) or automobile hulk(s) or part(s) thereof are unsightly in appearance in a manner that offends public decency, or poses a threat to the general health, welfare and safety of the County.

The presence of an abandoned and unsightly vehicle or automobile hulk or part thereof in a place generally visible by the public or from a local residence for a period of thirty (30) continuous days, unless enclosed within a building, shall constitute a prima facie presumption that such is a public nuisance.

(7) Whenever mailed notice is not received, substitute notice may be made by publishing such notice once during each of two (2) consecutive weeks in a newspaper of general circulation in Skagit County.

10.20.200 Unknown vehicle.

The person taking control of a vehicle at the direction of the Sheriff under any of the provisions of this Chapter, or the person having control at the time of sending notice, shall conduct a thorough search to determine the make, model, year, vehicle identification number, license number, registration, motor number, or such other information as may lead to the name of the State of registration and of the owner. The Sheriff shall communicate with the Department of Motor Vehicles, with other states or countries through the Department or directly, as may be necessary to determine whether the registered or legal owner information is available for the vehicle or automobile hulk disposed of under Section 10.20.150(b) and (c) and Section 10.20.170 of this Chapter.

When all reasonable efforts to obtain the owner information have proved unsuccessful, the vehicle may be disposed of in accordance with all procedures except that notification of the registered and legal owners may be omitted. A record of all steps taken to locate the owner(s) of the vehicle shall be kept by the Sheriff for three (3) years. Unknown vehicles disposed of under Section 10.20.150 (a) shall be handled in accordance with the regulations of the Department of Motor Vehicles.

10.20.210 Duty to report changes in control— Penalty.

(1) It shall be the duty of every remover in whose control a vehicle or automobile hulk has been placed pursuant to Sections 10.20.070, 10.20.140 and 10.20.190, to report to the Sheriff a transfer of his control of it before sale or other disposition. This duty shall apply to any subsequent person taking control of a vehicle. This report shall be made no later than the next regular business day for the Sheriff’s office following the transfer of control. The agent or employee of any remover or person having control of a vehicle or automobile hulk is not responsible for a failure to make the required report if he or she has made a report of taking control to his or her employer and has not been directed by the employer to make the report and provided working time for so doing.

(2) Failure to make the required report shall be a misdemeanor punishable by imprisonment in the County Jail for not more than ninety (90) days, or by a fine of not more than two-hundred-fifty dollars ($250.00).

10.20.220 Records.

(1) The Sheriff shall keep a record of all vehicles that he has designated not to be considered abandoned pursuant to Section 10.20.040 of this Chapter. The record should list all currently such designated vehicles.

(2) The Sheriff shall keep records of all vehicles impounded pursuant to Sections 10.20.070, 10.20.140 and 10.20.190 of this Chapter. These records shall contain a description of a vehicle or automobile hulk, the type of impoundment, the place and date of impoundment, the giving of any notice, the name of the party who removed it and all subsequent controllers reported to the Sheriff, and the inventory of personal property. Anyone providing identification may view these records.

(3) If a vehicle or automobile hulk has been claimed, the record shall indicate such and need not be kept for more than one (1) year from the date it was claimed. If personal property remains unclaimed, the record may be kept as needed.

If a vehicle or automobile hulk is sold or otherwise disposed of, its record should be transferred and kept as required for such vehicles.

10.20.230 Inventory of personal goods— Penalty.

(1) It shall be the duty of every remover of vehicles or automobile hulks, pursuant to Sections 10.20.070, 10.20.140 and 10.20.190 of this Chapter, to take an inventory of all other personal property found therein. This duty is satisfied by signing a written receipt for such personal property as inventoried by a law enforcement officer or a responsible county official. An inventory prepared by an agent or employee of the remover shall be signed by the person or persons performing the inventory and witnessed by another employee of the remover, or by a responsible resident of Skagit County over the age of eighteen (18) years, or by an employee of the County Sheriff’s Office or other responsible county official. If the remover transfers control of the vehicle within twenty-four (24) hours, this duty, if not yet performed, may be expressly delegated in writing to the subsequent person taking control, in which case both the original remover and any subsequent persons taking control are responsible for failure to take an inventory.

An inventory shall be provided to the Sheriff within forty-eight (48) hours of the removal.

An inventory is not required if the vehicle or automobile hulk is claimed by its owner or someone with lawful authority within forty-eight (48) hours of its removal and such person signs a release of any claim for loss of personal property.

The agent or employee of any remover or person having control of a vehicle or automobile hulk shall not be responsible for failure to search or to provide an inventory unless his or her employer has directed him or her to do so and provided working time to complete such tasks. The search required for this inventory need only be reasonable and need not be a “strip search.” Up to two (2) spare tires, items needed for a change of tires, original equipment items (whether or not affixed), items permanently affixed to the vehicle, and items affixed to the motor, transmission, exhaust system, running gear, or to vital parts of it, are part of the vehicle or automobile hulk and are not other personal property. Radios and cassette or cartridge players and speakers, if not original equipment and if reasonably removable, are other personal property.

(2) Failure to provide an inventory as required by this Chapter shall be a misdemeanor punishable by imprisonment in the County Jail for not more than ten (10) days, or by a fine of not more than two-hundred-fifty dollars ($250.00).

(3) Failure to provide an inventory shall void any claim for costs that the party responsible for the same shall have in relation to the removal, storage and sale of the vehicle or automobile hulk.

(4) Other personal property may not be sold with the vehicle or automobile hulk. Such personal property shall remain in the custody of the person obligated to provide the inventory and shall be disposed of according to law. Any disposal, after forty-eight (48) hours of its removal, including its return to its owner or other claimant, shall be reported to the Sheriff. Failure to so report is a misdemeanor punishable by a fine of up to one-hundred dollars ($100.00). Disposal of other personal property in any manner not prescribed by law shall be punished as set forth in the statutes governing the disposal of personal property.

10.20.240 Record of disposed vehicles and automobile hulks.

The Sheriff shall keep a record of all vehicles and automobile hulks disposed of under Sections 10.20.150 and 10.20.190 of this Chapter. This record should include a description of the vehicle, the type of removal and disposition, by whom disposed, and the result of disposition. This record shall be kept for three (3) years from the date of disposition.

10.20.250 Authority for Ordinance.

This Ordinance (Chapter) is passed pursuant to the authority granted the County by R.C.W. 46.52.116 and by RCW 46.52.117.

10.20.260 Severability.

If any section or part of this Ordinance (Chapter), or its application to any person or legal entity or circumstances, is held invalid, the remainder of the Ordinance (Chapter), or the application of the section or part to other persons or legal entities or circumstances, shall not be affected. (Ord. No. 6677, 1975; 43 CJ 157)