Chapter 10.25
JUNK MOTOR VEHICLES UPON PRIVATE PROPERTY
Sections:
10.25.040 Certification as junk vehicle.
10.25.050 Enforcement authority.
10.25.060 Procedure of abatement of nuisance.
10.25.080 Removal and abatement.
10.25.090 Costs of removal and abatement.
10.25.010 Purpose.
The purpose of this chapter is to establish procedures for the abatement and removal as public nuisances of junk vehicles. (Ord. 604 § 1, 1988).
10.25.020 Definitions.
A “junk vehicle” means a vehicle meeting at least three of the following conditions:
A. The vehicle is more than three years old;
B. It is extensively damaged, including (by way of illustration only and not limitation) a broken window or windshield, missing wheels or tires, missing a motor or transmission, or extensive body damage;
C. It is apparently inoperable;
D. It has a fair market value equal only to its value as scrap. (Ord. 922 § 1, 2003; Ord. 907 § 1, 2002; Ord. 604 § 1, 1988).
10.25.030 Nuisance declared.
A junk vehicle parked or stored upon private property is declared to be a public nuisance, which shall be removed and abated as provided in this chapter, provided this chapter shall not apply to:
A. One junk vehicle or part thereof located upon the private property of the owner, which vehicle is completely enclosed within a building in a lawful manner, or if not enclosed within a building, which is fully screened from a view from any public right-of-way by existing buildings, landscaping, fencing or any combination thereof; or
B. Junk vehicles or parts thereof that are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, vehicle dealer or auto-body repair shop, and which premises are fenced as prescribed by RCW 46.80.130. (Ord. 922 § 2, 2003; Ord. 604 § 1, 1988).
10.25.040 Certification as junk vehicle.
Any individual designated by the city administrator may inspect and certify that a vehicle meets the requirement of a junk vehicle. Such certification shall be in writing and shall include the make of the vehicle, its vehicle identification number and license number, if available, and a description of the damage to the vehicle. (Ord. 604 § 1, 1988).
10.25.050 Enforcement authority.
The city administrator or his designee shall be responsible for the enforcement of this chapter. (Ord. 604 § 1, 1988).
10.25.060 Procedure of abatement of nuisance.
A. Notice to Abate Junk Vehicle. Before removal and abatement of any junk vehicle from private property, the city shall cause to be mailed to the landowner of record and to the last registered owner, if known, by certified mail, return receipt requested, and a copy by ordinary mail, a notice to abate junk vehicle. Such notice shall be mailed to the last known address of such landowner and registered owner and shall state that a hearing may be requested before the city administrator and that if no such hearing is requested within 14 calendar days from the date of mailing of the notice, the vehicle will be removed and disposed of by the city, and the costs of such removal and abatement collected from the landowner of record and last registered owner, or either of them.
B. Request for Hearing. A written request for hearing on the issuance of an order for removal and abatement of a junk vehicle as a public nuisance must be filed with the city administrator within 14 calendar days of the date of mailing of the notice.
C. Notice of Hearing. If a timely request for hearing is made, a notice of hearing shall be mailed by certified mail, return receipt requested, and by ordinary mail, to the owner of the land as shown on the assessment rolls and to the last registered and legal owners of the vehicle, if known. Such notice shall set forth the date, time, and location of the hearing, and state that the purpose of the hearing is to determine whether the vehicle shall be removed and abated as a public nuisance. (Ord. 604 § 1, 1988).
10.25.070 Hearing.
A. Appearance of Landowner. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement prior to the date of the hearing, and may deny responsibility for the presence of the vehicle on his land, setting forth the reason for such denial. If it is determined by the city at the hearing that the vehicle was placed on the owner’s land without his consent and that he has not subsequently acquiesced in its presence on his land, then the costs of removal and abatement shall not be assessed against such owner.
B. Procedure. At the hearing, both oral and documentary evidence may be taken from any interested person on the issue of whether the vehicle constitutes a public nuisance as a junk vehicle. Any landowner or registered or legal owner who fails to appear after notice as provided herein, without securing a continuance from the city, may be deemed to have waived any right thereafter to introduce additional evidence or to object to the decision made by the city. The decision of the city shall be made within 14 days after the conclusion of the hearing, and shall be final. A copy of the decision shall be sent by certified mail, return receipt requested, and by ordinary mail, to the landowner and registered and legal owners of the vehicle, if known. (Ord. 604 § 1, 1988).
10.25.080 Removal and abatement.
After notice has been given to abate the junk vehicle, and after the decision has been rendered, if a hearing was requested, the vehicle shall be removed at the request of a law enforcement officer to a licensed auto wrecker, and the city shall give notice to the Washington State Patrol and to the Washington Department of Licenses that such vehicle has been wrecked. The proceeds of such disposition, if any, shall be applied to the costs of removal and abatement, including costs of administration. (Ord. 604 § 1, 1988).
10.25.090 Costs of removal and abatement.
The costs of removal and abatement shall be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless such last registered owner has complied with RCW 46.12.101, or against the owner of the property on which the vehicle is stored or parked, or both, and may be enforced by civil action in any court of competent jurisdiction. (Ord. 604 § 1, 1988).
10.25.100 Severability.
Each section of this chapter shall be deemed severable. If any provision of this chapter shall be declared invalid or unconstitutional for any reason, that shall not affect the validity or the remaining provisions hereof. (Ord. 604 § 1, 1988).