Chapter 10.44
JUNK OR UNLICENSED VEHICLES
Sections:
10.44.050 Abatement procedures.
10.44.010 Purpose.
The purposes of this chapter are:
(1) To establish procedures for the abatement and removal or junk or unlicensed vehicles and parts thereof as public nuisances pursuant to RCW 46.55.240;
(2) To enhance the aesthetic qualities of the city of Davenport;
(3) To conserve and maintain property values;
(4) To protect the health of the public;
(5) To provide for the public safety. (Ord. 981 § 1, 2007; Ord. 901 § 1, 2002).
10.44.020 Definitions.
For purposes of this chapter, the following definitions shall be applicable:
(1) “Junk vehicle” means a 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;
(D) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(2) “Unlicensed vehicle” means any vehicle not registered and/or licensed with the state of Washington.
(3) “Vehicle” means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, recreational vehicles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power. (Ord. 981 § 1, 2007; Ord. 901 § 2, 2002).
10.44.030 Prohibition.
It shall be unlawful for any person to store or allow to be stored any junk or unlicensed vehicle or vehicles, parts of cars, unlicensed recreational vehicles, or travel trailers, on any private or public property, street, right-of-way or alley within the city. (Ord. 981 § 1, 2007; Ord. 901 § 3, 2002).
10.44.040 Exemptions.
This chapter shall not apply to:
(1) Any vehicle or part thereof which is completely enclosed within a building in a lawful manner or which is otherwise not visible from any street or any public property; or
(2) Any vehicle or part thereof stored or parked in a 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 properly zoned property and fenced in accordance with the provisions of RCW 46.80.130; or
(3) An automobile which is being actively repaired or worked on by the owner or where properly screened or indoor storage is provided. (Ord. 981 § 1, 2007; Ord. 901 § 4, 2002).
10.44.050 Abatement procedures.
(a) Investigation. Whenever it shall appear to the city that there may be a violation of this chapter, the city shall cause the matter to be investigated by the city building inspector or other designee as the mayor may from time to time appoint, who shall investigate the matter and 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.
(b) Notice of Intent. If the inspector determines that a vehicle is a junk or unlicensed vehicle, the city clerk-treasurer’s office 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 upon which the vehicle is located, according to the last equalized assessment roll maintained by the Lincoln County assessor, by certified mail, with a five-day return receipt requested, that a hearing on the abatement of the junk or unlicensed vehicle as a public nuisance may be requested and that if no hearing is requested within 15 days of the date of the mailing of the notice, the vehicle will be removed and that the costs may be assessed against them.
(c) Notice of Hearing. If a written request for a hearing is received within 15 days, a notice, giving the time, location and date of a 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 a vehicle is in such condition that identification numbers are not available to determine ownership.
(d) Hearing. The hearing shall be conducted before the city council at least two weeks after the date of mailing the notice of hearing. The only issues to be heard are whether or not a proper determination has been made that the vehicle is a junk or unlicensed vehicle and whether or not either the landowner or the registered owner should be relieved from the obligation to pay the costs of the removal and disposal. The determination of the city building inspector that the vehicle is a junk or unlicensed vehicle shall be presumed correct and the burden shall be on the owner of the land or the owner of the vehicle to prove otherwise.
(e) 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.
(f) Abatement. After notice has been given of the city’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 mayor or his departmental designee and disposed of with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked.
(g) Costs of Abatement. Subject to the provisions of subsection (e) of this section, 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 costs can be assessed against the owner of the property on which the vehicle is stored. (Ord. 981 § 1, 2007; Ord. 901 § 5, 2002).