Chapter 8.20
JUNK VEHICLES
Sections:
8.20.020 Nuisance designated – Exceptions.
8.20.040 Police officer duties.
8.20.050 Request for hearing – Notice.
8.20.060 Hearing – Determination of responsibility.
8.20.010 Purpose.
The city council of Tonasket finds that certain acts in regards to junk vehicles, or parts thereof, are public nuisances and provides in this chapter a procedure for the abatement and removal of such public nuisances from private property. (Ord. 405 § 1, 1988).
8.20.020 Nuisance designated – Exceptions.
Any person who discards, abandons or places junk vehicles or parts thereof on private property, or any owner, lessee or manager who knowingly permits junk vehicles, or parts thereof, to remain on premises under his control, shall be deemed to have created a public nuisance and thereby committed a civil infraction, except the foregoing provision shall not apply to:
A. A vehicle or part thereof which is completely enclosed within a building 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 on private property in connection with the business of a licensed dismantler or vehicle dealer, fenced according to the provisions of RCW 46.80.130. (Ord. 405 § 2, 1988).
8.20.030 Defined.
A “junk vehicle,” for the purposes of this chapter, shall meet all 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, tires, motor or transmission;
C. Is apparently inoperable;
D. Is without a valid, current registration plate;
E. Has a fair market value equal only to the value of the scrap in it. (Ord. 405 § 3, 1988).
8.20.040 Police officer duties.
Any police officer, upon his becoming aware thereof, shall provide notice by personal service or certified mail, return receipt requested, to the last registered owner of record and the property owner of record, that a hearing may be requested and that if no hearing is requested, the vehicle will be removed. (Ord. 405 § 4, 1988).
8.20.050 Request for hearing – Notice.
If a request for a hearing is received, notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle, or part thereof, as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 405 § 5, 1988).
8.20.060 Hearing – Determination of responsibility.
The owner of the land on which the 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 the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle against the property on which the vehicle is located, or otherwise attempt to collect the costs from the owner; provided, however, that the costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of the ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, except as provided above. (Ord. 405 § 6, 1988).
8.20.070 Vehicle – Disposal.
After notice has been given of the intent of the city to dispose of the vehicle and after hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of any law enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been disposed of through commercial channels of disposition and that the vehicle has been wrecked. (Ord. 405 § 7, 1988).
8.20.080 Violation – Penalty.
In addition to the remedies provided above, every person violating this chapter shall be deemed to have committed a civil infraction and shall be subject to the penalties set forth in Chapter 1.08 TMC. (Ord. 405 § 1, 1988).