Chapter 8.08
JUNK VEHICLES
Sections:
8.08.030 Enforcement authority.
8.08.040 Abatement of junk vehicles.
8.08.050 Determination of responsibility.
8.08.010 Purpose.
It is the purpose of this chapter to:
(1) Establish procedures for the abatement and removal of junk vehicles and parts thereof as public nuisance pursuant to RCW 46.55.240;
(2) Decrease the likelihood of criminal conduct associated with junk vehicles;
(3) Enhance the aesthetic qualities of Concrete;
(4) Conserve and stabilize property values;
(5) Reduce the inherent public health and safety problems associated with junk vehicles. [Ord. 423 § 1, 1997]
8.08.020 Definitions.
For purposes of this chapter, the following definitions shall be applicable:
(1) “Junk vehicle” means a motor vehicle certified under RCW 46.55.230 as meeting at least three 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; and
(d) Has a fair market value equal only to the value of the scrap in it.
(2) “Vehicle” means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and included, without limitation, automobiles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. “Vehicle” shall include part or parts thereof. [Ord. 423 § 2, 1997]
8.08.030 Enforcement authority.
The Concrete code enforcement officer or his designee shall enforce this chapter and shall be responsible for the abatement and removal of any junk vehicle or part thereof as a public nuisance. [Ord. 651, 2009; Ord. 423 § 3, 1997]
8.08.040 Abatement of junk vehicles.
(1) The storage or retention of junk vehicles on public or private property, including public right-of-way, is declared to constitute a public nuisance subject to abatement and disposal. The designated town official may inspect and certify that a vehicle meets the requirements of a junk vehicle. The designated town official making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the vehicle is equivalent only to the value of scrap in it.
(2) If the designated town official determines that a vehicle is a junk vehicle, the official shall provide notice to the last registered owner of record of the vehicle shown on the records of the Washington State Department of Licensing and the property owner of record of the property upon which the vehicle is located, by certified mail, with a five-day return receipt requested, that a hearing on the abatement of the junk vehicle as a public nuisance may be requested and that if no hearing is requested within 15 days of the date of mailing the notice, the vehicle will be removed.
(3) If a written request for a hearing is received within 15 days, a 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 the last registered and legal owner of record unless a vehicle is in such condition that identification number is not available to determine ownership.
(4) The hearing shall be conducted before the town council, or before a hearing examiner appointed by the town council, at least two weeks after the date of mailing the notice of hearing. [Ord. 560, 2005; Ord. 423 § 4, 1997]
8.08.050 Determination of responsibility.
The owner of the property 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 or her 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 or she has not subsequently acquiesced in its presence, the cost of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, nor can the costs be collected from the property owner. [Ord. 423 § 5, 1997]
8.08.060 Abatement.
After notice has been given of the town’s intent to abate, remove, or dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of the designated town official and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. [Ord. 561, 2005; Ord. 423 § 6, 1997]
8.08.070 Costs of abatement.
Subject to the provisions of CMC 8.08.050 above, the cost of abatement and removal of the vehicle or part thereof under this chapter including the costs of administration and hearing shall be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle had complied with RCW 46.12.101, or the cost may be assessed against the owner of the property on which the vehicle is stored. [Ord. 423 § 7, 1997]
8.08.080 Exceptions.
This chapter shall not apply to:
(1) Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property, which is completely enclosed within a building or sight-obscuring fence, and is not visible from the street or other public or private property; or
(2) Any vehicle or hulk or part thereof stored or parked in the lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, junk salvage/wrecking yard or licensed vehicle dealer, located on appropriately zoned property and fenced in accordance with the provisions of RCW 46.80.130; or
(3) Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property, for which the Concrete code enforcement officer or his/her designee has issued a permit as provided in CMC 8.08.090. [Ord. 683, 2011; Ord. 423 § 8, 1997]
8.08.090 Temporary permit.
The owner of a single-family residence may obtain a temporary permit from the designated town official to store or park in a lawful manner on private property a vehicle or hulk or part thereof, for the purpose of restoration, repair or disassembly for parts, for noncommercial purposes. A permit shall be valid for not more than 60 days, and shall not be renewed. No more than one permit may be issued for each single-family residence in any calendar year. No fee shall be charged for this permit. A permit shall not be issued for any junk vehicle for which a notice has been issued pursuant to CMC 8.08.040. [Ord. 562, 2005; Ord. 423 § 9, 1997]
8.08.100 Violation – Penalty.
Any person committing or permitting a public nuisance pursuant to CMC 8.08.040 shall be guilty of an infraction and shall be punished by the imposition of a monetary penalty of not more than $250.00. This civil penalty is in addition to any other abatement action, and not in lieu thereof. [Ord. 423 § 10, 1997]