Chapter 10.34
JUNK VEHICLES
Sections:
10.34.030 Abatement and removal of junk vehicles from private property.
10.34.060 Notice of civil infraction.
10.34.070 Abatement--Costs--Liens.
10.34.010 Purpose and intent.
The city council recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. However, it is the purpose and intent of this chapter to provide for the removal from private property of junk vehicles that create an attractive nuisance and negative aesthetic impact upon property and the community. (Ord. 568 §2, 2015)
10.34.020 Definitions.
For the purposes of this chapter the following definitions shall apply:
A. "District court" means the Lincoln County district court.
B. "Fair market value" means the value of the vehicle as determined by Kelly Blue Book or its equivalent.
C. "Impound" means to take and hold a vehicle in legal custody.
D. "Inoperative" means incapable of being operated legally upon a public highway, including but not limited to, not having a valid, current registration plate or current certificate of registration.
E. "Judge" means a judge of the Lincoln County district court.
F. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, missing wheels, tires, motor or transmission;
3. It is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
G. "Mayor" means the mayor of the town of Wilbur.
H. "Nuisance director" means the duly appointed officer charged with the responsibility of enforcing the provision of this and similar chapters of the Wilbur Municipal Code.
I. "Person(s) responsible for a violation" means:
1. The land owner where the junk vehicle is located on the last equalized assessment roll; and
2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and
3. The legal owner of the vehicle.
J. "Superior court" means the Lincoln County superior court.
K. "Town" means the town of Wilbur.
L. "Vehicle" means every device capable of being moved upon a public highway, and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. (Ord. 568 §3, 2015)
10.34.030 Abatement and removal of junk vehicles from private property.
Except as set forth in Section 10.34.040, all junk vehicles placed, stored or permitted to be located on private property within the town limits are public nuisances to be abated as provided in this chapter. (Ord. 568 §4, 2015)
10.34.040 Exceptions.
This chapter shall not apply to:
A. A vehicle or part thereof that is completely enclosed within a building, including a portable structure, in a lawful manner where it is not visible from the street or other public or private property.
B. A vehicle or part thereof that 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 the provisions of RCW 46.80.130;
C. A vehicle that is completely incorporated into landscaping; provided, that the requirements of the Wilbur Municipal Code regarding development standards for the appropriate zone are met;
D. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance with this subsection. "Good faith efforts of repair" can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. This exception allows up to sixty days for good faith repair. Upon good cause shown, the nuisance director shall have the discretion to grant an additional sixty-day exception period. Under no circumstances shall any good faith efforts of repair extend for more than a total of one hundred twenty days, after which time exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year.
E. A junk vehicle does not include a vehicle which is in the process of being sold, as evidenced by the good faith efforts of the vehicle owner. "Good faith efforts to sell" shall include, at a minimum, the posting of a "For Sale" sign in a clearly visible place on the vehicle. This exception allows up to sixty days for good faith sales efforts. Upon good cause shown, the nuisance director shall have the discretion to grant an additional thirty-day exception period. Under no circumstances shall any good faith efforts of sales extend for more than a total of ninety days, after which time exception shall no longer apply. This exception shall apply to one vehicle per parcel of land per calendar year. (Ord. 568 §5, 2015)
10.34.050 Violation notice.
A. The nuisance director is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this chapter has occurred. The nuisance director is authorized to seek any appropriate court order from the district court that is needed to enforce this chapter.
B. The notice of violation shall be issued to the property owner of record upon which land a vehicle is deemed to be in violation of this chapter is located, as shown by the last equalized assessment roll, and to the last registered and legal owner of record of such vehicle. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership or if the property owner does not allow the nuisance director onto the property to inspect the vehicle.
C. The notice of violation may be served by means of personal service, or by mailing by certified mail return receipt requested, a copy of the notice of violation to the person(s) responsible for the violation to his/her last known mailing address as determined by the nuisance director. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the date, time, place and manner of service.
D. The notice of violation shall contain substantially the following information:
1. The name and address of the person to whom the notice of violation is issued;
2. The location of the subject property by address or other description sufficient to identify the subject property;
3. A description of the vehicle and its location;
4. The reasons the town deems it to be a public nuisance violation of this chapter;
5. A description of the corrective action necessary to eliminate the violation;
6. Notification that the corrective action must be completed within fifteen days from the date of service of the notice of violation;
7. Notification that failure to correct the violation within the fifteen days will result in the issuance of a notice of civil infraction that will be filed with the Lincoln County district court and that the offender may be subject to civil penalties for each day of violation. (Ord. 569 §1, 2015: Ord. 568 §6, 2015)
10.34.060 Notice of civil infraction.
If the corrective action set forth in the notice of violation is not completed within the fifteen days, the nuisance director is authorized to issue a notice of civil infraction, on a form approved by the court, directing the person responsible for the violation to respond to the Lincoln County district court. Such notice of infraction shall be filed with the Lincoln County district court and the provisions of the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) shall apply. Appeals of the decision of the district court shall be in accordance with the IRLJs. (Ord. 568 §7, 2015)
10.34.070 Abatement--Costs--Liens.
A. Emergency Abatement. Whenever a condition, the continued existence of which constitutes an immediate threat to public health, safety or welfare or the environment, is found to exist, the town may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
B. Judicial Abatement. The town may seek a judicial abatement order from Lincoln County superior court, as deemed necessary, to abate a condition which continues to be a violation of this chapter where other methods of remedial action have failed to produce compliance.
C. The costs, including incidental expenses, of abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the town within ten calendar days after the date of the billing. The term "incidental expenses" includes, but is not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs incurred by the town in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing, mailing, posting and service of process. All such costs shall constitute a lien on the property on which the violation was committed and may be subject to collection following a court judgment. Such a lien shall be substantially in accordance with the provision regarding mechanic’s liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens.
D. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and local taxes, with which it shall share priority. The town may cause a claim for lien to be filed for record within ninety days from the later of the date the monetary penalty is due to the date the work is completed or the nuisance is abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period provided for by state law.
E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this chapter shall be processed in accordance with the laws of the state of Washington.
F. Costs of removal will not be assessed against the legal owner of the vehicle if the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101. (Ord. 568 §8, 2015)
10.34.100 Penalty.
A violation of the provisions of this chapter shall constitute a civil infraction under the provisions of RCW subject to the following penalty:
A. For a first violation within twenty-four months: two hundred fifty dollars;
B. For a second violation of this chapter within a twenty-four-month period: two hundred fifty dollars, of which the court shall not reduce the penalty below one hundred twenty-five dollars plus statutory assessments;
C. For a third or subsequent violation of this chapter within a twenty-four-month period: two hundred fifty dollars of which the court shall not reduce or suspend any portion of the maximum penalty. (Ord. 569 §2, 2015: Ord. 568 §9, 2015)