Chapter 10.16
JUNK VEHICLES
Sections:
10.16.010 Junk vehicles—Private property—Public nuisance.
10.16.040 Hearing—Statement—Determination of responsibility.
10.16.050 Removal and disposal.
10.16.010 Junk vehicles—Private property—Public nuisance.
A. No person shall abandon any junk vehicle within the city. The Brewster police department is authorized to declare a public nuisance any junk vehicle or part thereof located on private property within the city.
B. This chapter shall not apply to:
1. 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 vehicle dealer and is fenced according to RCW 46.80.130 as the same exists now or as may be hereafter amended.
2. 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 RCW 46.80.130 as the same exists now or as may be hereafter amended. (Ord. 621 § 1 (Exh. A) (part), 1995)
10.16.020 Definitions.
The definitions contained in RCW 46.55.010 and RCW 46.80.010 as they exist now or as may be hereafter amended, are adopted by reference and shall apply to all words and phrases contained in this chapter. (Ord. 621 § 1 (Exh. A) (part), 1995)
10.16.030 Notice—Hearing.
A. Before abatement and removal of a junk vehicle or part thereof from private property, the Brewster police department shall provide notice to the last registered owner of record and the property owner of record that a hearing may be requested through the Brewster police department by providing the police department with a written request for a hearing. If no hearing is requested within twenty days from the date of mailing of such notice, the unauthorized vehicle described in such notice shall be abated and removed by the city. Costs of such abatement and removal shall be collected from the last registered owner of the vehicle or part thereof, if the identity of such owner can be determined, unless such owner in the transfer of ownership of such vehicle has complied with RCW 46.12.101, as the same exists now or as may be hereafter amended. Otherwise, the costs shall be assessed against the owner of the property on which the vehicle or part thereof is located.
B. Upon receipt of any such request for a hearing, the Brewster police department shall set a date for the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance. The police department shall provide twenty days’ notice of the time, location, and date of such hearing to the person(s) requesting the hearing, the vehicle owner and the owner of the property on which the vehicle is located. Hearing will be held at city of Brewster council chambers. The hearing officer will be designated by the mayor.
C. The notices provided for in this section shall be mailed by certified mail, with a five day, return receipt requested to the owner of the land as shown on the last county tax roll and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 824 § 1, 2010; Ord. 784 § 1, 2006; Ord. 621 § 1 (Exh. A) (part), 1995)
10.16.040 Hearing—Statement—Determination of responsibility.
A. The owner of the property on which the vehicle or part thereof is located may appear in person at the hearing requested or may present a written statement for consideration at the hearing, and deny responsibility for the presence of the vehicle or part thereof on the property, providing reasons for the denial.
B. If it is determined at the hearing that the vehicle or part thereof was placed on the property without the consent of the property owner, and that the property owner has not subsequently acquiesced in its presence, then the Brewster municipal court shall not assess costs of administration or removal of the vehicle or part thereof against the property upon which the vehicle or part thereof is located or otherwise attempt to collect such costs from the property owner. (Ord. 621 § 1 (Exh. A) (part), 1995)
10.16.050 Removal and disposal.
Twenty days after notice of the Brewster police department declaration of the public nuisance and intent to abate and remove any junk vehicle or part thereof has been mailed, or after a public hearing, if such is requested, at which the Brewster police department determination of nuisance has been affirmed, the Brewster police department shall cause such unauthorized vehicle to be removed and disposed of to a motor vehicle wrecker and shall give notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. (Ord. 621 § 1 (Exh. A) (part), 1995)
10.16.060 Violation—Penalty.
Any person who shall abandon a junk vehicle or part thereof on private property within the city limits shall be deemed guilty of a civil infraction and may be fined by a maximum penalty for a civil infraction as set forth in the Brewster Municipal Code Section 1.16.030 as the same exists now or may be hereafter amended. (Ord. 621 § 1 (Exh. A) (part), 1995)