Chapter 7.32
JUNK VEHICLES
Sections
7.32.020 Junk vehicles prohibited.
7.32.025 Public nuisance declared.
7.32.040 Abatement and removal of junk vehicles on private property.
7.32.060 Rules and procedures.
7.32.005 Purpose.
The purpose of this chapter is to preserve the character and safety of the city’s neighborhoods by eliminating as nuisances junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. [Ord. 1283 § 1, 2001.]
7.32.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Apparently inoperable” means that the vehicle does not appear to comply with requirements for safe and legal operation on public streets or highways with regard to expired or a lack of current licensing, a lack of brakes, lights, tires, safety glass, or other safety equipment or other circumstances or conditions that are evidence that the vehicle is not currently operable, including, but not limited to, a vehicle having its passenger compartment filled with trash or debris, vegetation growing inside, around, or on the vehicle, or other evidence that the vehicle has not been moved for an extended period of time.
(3) “Director” means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the city manager to enforce this chapter including assigned code enforcement officials.
(4) “Junk vehicle” means a vehicle 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 missing windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable; or
(d) Has an approximate fair market value equal only to the approximate value of the scrap value.
(5) “Landowner” means an owner of private property, or a person in possession or control of private property.
(6) “Vehicle” means a motorized or nonmotorized vehicle or device for carrying passengers, goods or equipment, including but not limited to automobiles, trucks, motorcycles, bicycles, boats, tractors, campers, trailers, or devices of a similar nature or any components of such devices. [Ord. 1508 § 1, 2011: Ord. 1283 § 2, 2001.]
7.32.020 Junk vehicles prohibited.
No person shall keep, permit, or allow a junk vehicle to be placed, maintained, or stored on real property. [Ord. 1508 § 2, 2011: Ord. 1057 § 2, 1993.]
7.32.025 Public nuisance declared.
All junk vehicles certified as such by a law enforcement officer or the director designated by the director according to RCW 46.55.230 and found on public or private property are declared to constitute a public nuisance subject to removal, impoundment and disposal. It is unlawful for any individual firm, entity or corporation to allow, cause to allow or place a junk vehicle on any premises. [Ord. 1283 § 3, 2001.]
7.32.030 Exceptions.
(1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
(2) A vehicle or part thereof which 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.
(3) At any one time, a landowner may have on his or her premises only one junk vehicle outside an enclosed building for a period not to exceed 10 days. [Ord. 1508 § 3, 2011: Ord. 1283 § 4, 1993.]
7.32.040 Abatement and removal of junk vehicles on private property.
(1) Voluntary Compliance. Whenever the director determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary compliance from the landowner and the vehicle’s registered owner.
(2) Issuance of Notice of Civil Violation. If the director does not obtain voluntary compliance with this chapter, the director shall issue a notice of civil violation to the landowner of record and the vehicle’s last registered owner of record in accordance with the provisions of DMMC 1.28.040.
(3) Content. For violations of this chapter, the notice of civil violation to the fullest extent reasonably possible shall contain the following information:
(a) The name and address of the landowner of record upon whose property the vehicle is located;
(b) The name and address of the vehicle’s last registered owner of record, provided license or vehicle identification numbers are available and/or readily capable of obtaining;
(c) The vehicle description, including the license plate number and/or the vehicle identification number, the model year, the make, and the factors which render the vehicle a public nuisance;
(d) The street address or a description sufficient for identification of the property where the vehicle is located;
(e) The required corrective action and a date and time by which the correction must be completed;
(f) The date, time, and location of a hearing before the Des Moines municipal court on the question of abatement and removal of the vehicle or part thereof as a public nuisance which will be at least 10 days but no more than 45 days from the date the notice is issued;
(g) A statement indicating the city may remove, impound, and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding, and disposing of the vehicle against the landowner or the registered owner as ordered by the Des Moines municipal court; and
(h) A statement that a monetary penalty pursuant to DMMC 1.28.040(5) in an amount per day for each violation shall be assessed against the landowner and/or the vehicle’s registered owner as specified and ordered by the Des Moines municipal court in accordance with DMMC 1.28.040.
(4) Service of Notice. The notice 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 of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(5) Landowner Responsibility Disclaimer. The landowner must appear in person at the hearing or present a written statement prior to the hearing to deny responsibility for the vehicle’s presence on the property. If the Des Moines municipal court determines that the vehicle was placed on the property without the landowner’s consent and that the landowner has not subsequently acquiesced in its presence, then the costs and expenses of administration, removing, impounding, and disposing of the vehicle shall not be assessed against the landowner or otherwise attempted to be collected from said landowner.
(6) Removal by the City. Pursuant to the Des Moines municipal court’s orders, the vehicle or part thereof may be removed at the request of a law enforcement officer with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. The city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or hulk hauler or scrap processor.
(7) Recovery of Costs and Expenses.
(a) The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46.12.101 and 46.12.650, or against the landowner of record of the property on which the vehicle is stored, or both. If both the owner of the vehicle and the landowner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation.
(b) Pursuant to law, the city shall file a lien for the cost of any abatement proceedings and all other related costs against the real property on which the monetary penalty was imposed or any of the work of abatement was performed, except no lien shall attach to the real property if the landowner was found not responsible in the ruling issued by the Des Moines municipal court. Any claim of lien shall contain sufficient information regarding the notice of violation and abatement, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.
(c) The costs of administration and of removal and disposal of the vehicle may also be recovered pursuant to DMMC 1.28.060(4).
(8) Entry of Private Property. Using any lawful means, the city may enter upon the subject property and remove or correct the condition that is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition. When a law enforcement officer or public official has probable cause to believe that a nuisance created by public nuisance vehicles exists on any property in violation of this chapter, he or she may request permission to enter the premises to inspect for evidence thereof if the landowner is present. If permissive entry cannot be obtained, the law enforcement officer or prosecuting attorney may apply to a court of competent jurisdiction for a warrant to enter the property, notwithstanding the inability to locate the landowner.
(9) Conflict of Provision. This notice and related requirements of this section are intended to supplement those of chapter 1.28 DMMC; however, should a conflict exist, the provisions of this section shall prevail. [Ord. 1508 § 4, 2011: Ord. 1283 § 5, 2001.]
7.32.050 Violation – Penalty.
(1) Any violation of any provision of this chapter is a class 1 civil infraction and shall be prosecuted as provided in chapter 1.24 DMMC.
(2) If the same individual receives two committed findings for violating this chapter within one year, the third violation within one year from the date of the original citation shall constitute a misdemeanor.
(3) The violation of this chapter shall also entitle the city to abate or impound the nuisance in accordance with chapter 1.28 DMMC and DMMC 7.32.040.
(4) Each day upon which a violation occurs constitutes a separate offense. [Ord. 1508 § 5, 2011: Ord. 1283 § 6, 2001.]
7.32.060 Rules and procedures.
The applicable department director in charge of enforcement of this chapter may adopt such rules as may be necessary to effectively implement and administer this chapter. [Ord. 1283 § 7, 2001.]