Chapter 11.44
ABANDONED AND JUNK VEHICLES1
Sections:
11.44.040 Abatement of nuisance in an emergency.
11.44.060 Notification of Washington State Patrol.
11.44.070 Storage of impounded vehicle.
11.44.080 Impoundment of an abandoned junk motor vehicle.
11.44.090 Abandoned vehicle – Notice to owner.
11.44.100 Removal of abandoned vehicle or hulk.
11.44.110 Abandoned vehicle or hulk – Notification – Hearing.
11.44.120 Unclaimed impounded vehicle deemed nuisance.
11.44.130 Removal and storage costs deemed lien.
11.44.140 Appointment of tow truck operator as agent of chief of police.
11.44.150 Removal by tow truck operator – Owner notification.
11.44.160 Sale by tow truck operator.
11.44.170 Lien by tow truck operator.
11.44.180 Abatement of nuisance on private property.
11.44.010 Title.
This chapter shall be known and referred to as the abandoned and junk vehicle ordinance. (Ord. 1011, 1981; Ord. 790 § 21, 1970).
11.44.020 Definitions.
All words used in this chapter shall have their common and ordinary meanings. Further, for the purposes of this chapter, the following definitions shall apply to the terms set forth below:
(1) “Abandoned junk motor vehicle” means any motor vehicle substantially meeting the following requirements:
(a) Left on private property for more than 24 hours without the permission of the person having right to the possession of the property, or a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for 24 hours or longer;
(b) Three years old, or older;
(c) Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission;
(d) Apparently inoperable;
(e) Without a valid, current registration plate;
(f) Having a fair market value equivalent to the value of the scrap therein, only.
(2) “Abandoned vehicle” 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 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.
(3) “Abandoned vehicle hulk” 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 mechanisms and the application of a substantial amount of labor to effect repairs.
(4) “Collector” or “hobbyist” means the owner of one or more vehicles or historic, special interest or parts cars who collects, purchases, acquires, trades, or disposes of these vehicles, or parts thereof, for his own use in order to preserve, restore and maintain a vehicle or vehicles for hobby purposes.
(5) “Junk motor vehicle” means any motor vehicle substantially meeting any of the following requirements:
(a) No current registration plate;
(b) Apparently inoperable;
(c) Extensively damaged, such damage including, but not limited to, missing wheels, tires, motor, transmission, broken windows or windshield. (Ord. 1011, 1981; Ord. 790 § 1, 1970).
11.44.030 Public nuisance.
It is unlawful for any person to leave on a public street, or other property open to the public for travel or parking, or upon or within any right-of-way of any road or highway, or upon private property any junk motor vehicles, abandoned or otherwise, automobile hulk, or the parts thereof; and the same is further declared a public nuisance which shall be abated as provided in this chapter; provided, however, this section shall not apply to:
(1) Any vehicle or hulk or part thereof which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or
(2) Any vehicle or part thereof stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer with said private property being fenced in accordance with the provisions of RCW 46.80.130; or
(3) Any automobile parts stored in a shed or carport; or
(4) An automobile hulk or junk vehicle stored by a collector or hobbyist; provided, the collector or hobbyist performs work of a significant nature upon the hulk or vehicle within six months of the vehicle or hulk being placed upon the premises, unless the hobbyist or collector can show exigent circumstances for failing to perform such work. (Ord. 1011, 1981; Ord. 790 § 2, 1970).
11.44.040 Abatement of nuisance in an emergency.
A police officer is authorized to immediately take custody of any vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) When a vehicle is unattended upon any street or highway and the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(2) When a vehicle is unattended at the scene of an accident or when the driver of any vehicle involved in an accident is physically or mentally incapable, or too intoxicated, to decide upon steps to be taken to protect his or her property;
(3) Whenever the driver of a vehicle is arrested and taken into custody, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to protect his or her property;
(4) When a vehicle is determined by a police officer to be a stolen vehicle. (Ord. 1011, 1981; Ord. 790 § 3, 1970).
11.44.050 Costs of removal.
The costs of removal of any vehicle or part thereof deemed to be a public nuisance shall be assessed against the last registered owner if the identity can be determined, unless such owner in the transfer of ownership of any such vehicle or hulk has complied with RCW 46.52.104, or the costs may be assessed against the owner of the property on which the vehicle, hulk or part is found. (Ord. 1011, 1981; Ord. 790 § 4, 1970).
11.44.060 Notification of Washington State Patrol.
The chief of police shall notify the chief of the State Patrol of any abandoned vehicle or automobile hulk prior to the time the same is impounded. (Ord. 1011, 1981; Ord. 790 § 5, 1970).
11.44.070 Storage of impounded vehicle.
Vehicles impounded pursuant to this chapter shall be removed to a place of storage designated or maintained by the police department or to such other place of safety as the chief of police may direct. In the event private towing and storage services are used, the towing firm so used shall be properly licensed pursuant to state statute and the police department shall provide the private firm with a written order to tow and store the vehicle. (Ord. 1011, 1981; Ord. 790 § 6, 1970).
11.44.080 Impoundment of an abandoned junk motor vehicle.
Any police officer may authorize the immediate disposal of any abandoned junk motor vehicle. The officer shall record the make of the motor vehicle, the serial number or vehicle identification number if available, and shall also detail the damage or missing equipment to verify that the value of the abandoned junk vehicle is equivalent to the value of the scrap metal therein, only. Any moneys arising from the disposal of the abandoned junk motor vehicle shall be deposited in the city general fund. (Ord. 1011, 1981; Ord. 790 § 7, 1970).
11.44.090 Abandoned vehicle – Notice to owner.
A police officer discovering an apparently abandoned vehicle or abandoned vehicle hulk shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(1) The date and time the sticker was attached;
(2) The identity of the officer;
(3) A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and
(4) The address and telephone number where additional information may be obtained.
If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker. (Ord. 1011, 1981; Ord. 790 § 8, 1970).
11.44.100 Removal of abandoned vehicle or hulk.
If the abandoned vehicle or hulk is not removed within 24 hours from the time the notification sticker is attached, the police officer may take custody of the vehicle or hulk and provide for the vehicle’s or hulk’s removal to a place of safety. (Ord. 1011, 1981; Ord. 790 § 9, 1970).
11.44.110 Abandoned vehicle or hulk – Notification – Hearing.
(1) The police officer at whose direction the impoundment of the abandoned vehicle or abandoned vehicle hulk was made shall, within 24 hours after the impoundment, mail notification of the impoundment to the last registered owner and the legal owner of the vehicle as shown on the records of the Department of Licensing or as otherwise reasonably ascertained. The notification shall contain a certificate of mailing and shall inform the registered owner of the impoundment, redemption procedures, and the opportunity for a hearing to contest the basis for the impoundment. The notice need not be mailed if the vehicle is redeemed prior to the mailing of the notice or if the registered owner and the legal owner are not reasonably ascertainable.
(2) The notification provided for in this section shall inform the registered owner that any hearing request shall be directed to the Buckley municipal court and shall be accompanied by a form to be utilized for the purpose of requesting a hearing. A request for a hearing pursuant to this section shall be made in writing on the form provided for that purpose and must be received by the municipal court within 10 days of the date the notification provided for in this section was mailed. If the hearing request is not received by the municipal court within the 10-day period, the right to a hearing is waived and the registered owner shall be liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the municipal court shall proceed to hear under term the validity of the impoundment.
(3) If the registered owner timely requests a hearing provided for by this section and prevails at the hearing, the city shall be liable for any towing, storage or other impoundment charges permitted by this chapter.
(4) The removal and storage of any vehicle or hulk under this section shall be at the owner’s expense, except as provided in the previous subsection.
(5) When a vehicle or hulk has been impounded pursuant to this section and the registered owner has made a timely request for a hearing, the registered owner may regain possession of the vehicle pending the outcome of the hearing by posting a cash bond sufficient to satisfy the towing and storage charges, said bond to be held in trust by the person having possession of the vehicle. (Ord. 1011, 1981; Ord. 790 § 10, 1970).
11.44.120 Unclaimed impounded vehicle deemed nuisance.
Any vehicle impounded pursuant to this chapter and left unclaimed for a period of 15 days is deemed to be an abandoned vehicle. At the expiration of such period, the vehicle shall be deemed to be in the custody of the city police. The chief or his designee shall deliver the vehicle to a tow truck operator who shall dispose of such vehicle in the manner provided in BMC 11.44.150 and 11.44.160. (Ord. 1011, 1981; Ord. 790 § 11, 1970).
11.44.130 Removal and storage costs deemed lien.
All costs incurred by the city in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. The owner of an impounded vehicle may redeem the same, prior to its sale or other disposal as an abandoned vehicle, by the payment of all of such costs. (Ord. 1011, 1981; Ord. 790 § 12, 1970).
11.44.140 Appointment of tow truck operator as agent of chief of police.
The chief of police may appoint any towing truck operator engaged in the removing and storing as his agent for the purpose of disposing of any vehicles authorized by this chapter to be impounded. Each such appointment shall be contingent upon the submission of an application to the chief of police and the making of subsequent reports in such form and frequency as may be required by rule and regulation and upon the posting of a security bond in the amount of $3,000 to ensure compliance with BMC 11.44.120 and 11.44.130 and to compensate the owner of any vehicle that has been unlawfully sold as a result of any negligence or misconduct of the tow truck operator. Any appointment may be cancelled by the chief of police upon evidence that the appointed tow truck operator is not complying with all laws, rules and regulations relative to the handling and disposition of abandoned motor vehicles. (Ord. 1011, 1981; Ord. 790 § 13, 1970).
11.44.150 Removal by tow truck operator – Owner notification.
The tow truck operator shall take custody of such vehicles or hulks and remove the same to the established place of business of the tow truck operator where the same shall be stored. The tow truck operator shall have a lien upon such vehicle or hulk for services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or hulk for services provided in the towing and storage of the same, not to exceed $200.00. A registered owner who has complied with RCW 46.52.104 shall be relieved of liability under this section. Within three days after receiving custody of such abandoned vehicle or automobile hulk, the tow truck operator shall give notice of his custody to the Department of Motor Vehicles and the Chief of the State Patrol and within three days after having received the name and address of the owner shall notify the registered and legal owner of the same with copies of such notice being sent to the Chief of the State Patrol and to the Department of Motor Vehicles. The notice to the registered and legal owner shall be sent by the tow truck operator to the last known address of said owner appearing on the records of the Department of Motor Vehicles, and such notice shall be sent to the registered and legal owner by certified or registered mail with a five-day return receipt requested. Such notice shall contain a description of the vehicle or hulk including its license number and/or motor number if obtainable, and shall state the amount due the tow truck operator for services in towing and storage of the same and the time and place of public sale if the amount remains unpaid. (Ord. 1011, 1981; Ord. 790 § 14, 1970).
11.44.160 Sale by tow truck operator.
If, after the expiration of 15 days from the date of mailing of notice to the registered and legal owner, the vehicle or automobile hulk remains unclaimed and has not been listed as a stolen or recovered vehicle, then the tow truck operator having custody of such vehicle or hulk shall conduct a sale of the same at public auction after having first published a notice of the date, place and time of such auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days before the date of such auction to the highest bidder. The charges due the tow truck operator, including the costs of sale, which shall be computed as in a public auction of personal property by the sheriff, shall be certified one-half to the county treasurer to be credited to the county current expense fund, and one-half to the State Treasurer to be credited to the highway safety fund. If the amount bid at the auction is insufficient to compensate the tow truck operator for his towing and storage charges and the costs of sale, such tow truck operator shall be entitled to assert a claim for any deficiency, not to exceed $100.00. A registered owner who has complied with RCW 46.52.104 shall be relieved of liability under this section. (Ord. 1011, 1981; Ord. 790 § 15, 1970).
11.44.170 Lien by tow truck operator.
A tow truck operator bonded in accordance with the provisions of this chapter who tows, transports or stores any vehicle, whether by contract or at the direction of any public officer, shall have a lien upon such vehicle so long as the same remains in his possession for the charges for such towing, transportation or storage. If such a vehicle remains unclaimed for five days, it may be deemed abandoned and subject to the provisions of BMC 11.44.120 and 11.44.130. (Ord. 1011, 1981; Ord. 790 § 16, 1970).
11.44.180 Abatement of nuisance on private property.
A public nuisance that exists on private property shall be abated as follows:
(1) Costs of abatement and removal of such vehicle may be assessed against the last registered owner of the vehicle or automobile hulk if the identity of such owner can be determined unless such owner in the transfer of such vehicle or automobile hulk has complied with RCW 46.12.101, or the costs may be assessed against the owner of the real property on which the vehicle is stored and shall constitute a lien thereon.
(2) Before the abatement or removal of such vehicle or automobile hulk, notice shall be given to the last registered owner thereof of record and the real property owner of record that a public hearing may be requested before the council, and if no hearing is requested within 10 days, the vehicle or automobile hulk will be removed and abated and the costs thereof assessed in accordance with this chapter.
(3) If a request for hearing is received by the city clerk, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle or automobile hulk as a public nuisance shall be mailed by certified or registered mail, with a five-day return requested, to the owner of the real property as shown on the last equalized assessment roll and to the last registered and legal owner of record of such motor vehicle or hulk, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(4) The applicant for hearing may appear in person at such 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 such denial. If it is determined at the hearing that the vehicle or automobile hulk was placed on the land without the consent of the landowner, and that he has to subsequently acquiesce in its presence, then the city council shall not assess costs of administration or removal of the vehicle or automobile hulk against property upon which the vehicle is located or otherwise attempt to collect such costs from said landowner.
(5) After notice has been given of the intent of the city to dispose of a vehicle or automobile hulk, the vehicle or automobile hulk or part thereof shall be removed from the private property by the chief of police and disposed of to a licensed auto wrecker or tow truck operator, with notice to the State Patrol and the Department of Motor Vehicles that such vehicle or automobile hulk has been wrecked. The city may operate a disposal site if the city clerk determines that commercial channels are not available or are inadequate, and may make final disposition of the vehicle hulk or parts, or may transfer such vehicle hulk or parts to another governmental body, provided its disposal shall be only as scrap.
(6) Within 30 days after the removal by the chief of police of an abandoned, wrecked, dismantled or inoperative automotive vehicle from real property, the city may file for recording with the county auditor a claim for lien for the costs of removal, which shall be in substance in accordance with provisions covering mechanic’s lien in Chapter 60.04 RCW, and said lien may be foreclosed in the same manner as such mechanic’s lien. (Ord. 06-15 § 20, 2015; Ord. 1011, 1981; Ord. 790 § 17, 1970).
For statutory provisions authorizing a city or county to adopt ordinances establishing procedures for the disposition of abandoned vehicles, see RCW 46.52.116 and 46.52.117; for provisions generally regarding abandoned automobile cars and hulks, see RCW 46.52.102 through 46.52.119.