Chapter 9.04
Abandoned Vehicles
Sections:
9.04.030 Junk vehicles a nuisance.
9.04.040 Summary removal procedures.
9.04.050 Nuisance abatement procedures.
9.04.010 Purpose and intent.
The purpose and intent of this chapter is to provide for and implement the greatest powers possible for facilitating the removal of junk vehicles and parts thereof from public and private property as authorized by the provisions of RCW 46.55.240. (Ord. 379 § 2, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).
9.04.020 Definitions.
The following words and terms used in this chapter shall have the following meanings except where otherwise defined in this chapter, and unless where used the context thereof clearly indicates to the contrary:
(a) “Junk vehicle” means a junk vehicle as defined in RCW 46.55.010.
(b) “Landowner” means a landowner as defined in RCW 46.55.230(7). (Ord. 379 § 3, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).
9.04.030 Junk vehicles a nuisance.
The storing or keeping of junk vehicles or parts thereof on public or private property is declared to be a public nuisance, except as provided for in DMC 9.04.060. Such public nuisance may be abated as provided for in DMC 9.04.040 and 9.04.050. (Ord. 379 § 4, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).
9.04.040 Summary removal procedures.
(a) The Police Department shall inspect and investigate complaints about the storing or keeping of junk vehicles or parts thereof on public and private property. Upon discovery of an alleged junk vehicle or parts thereof, the Police Department may contact the landowner of the property where the junk vehicle or parts thereof is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle or parts thereof. If the landowner claims no ownership interest or bailment responsibility, the Police Department shall request the landowner to execute a statement to that effect under penalty of perjury.
(b) If the landowner claims an ownership interest or bailment responsibility for a junk vehicle or parts thereof located on his or her property, and the landowner does not within 15 days after notification by the Police Department voluntarily abate the nuisance either by removing it from the property or enclosing it as provided for in DMC 9.04.060(a), the Police Department may proceed to deal with the junk vehicle or parts thereof as provided in DMC 9.04.050.
(c) Upon execution by the landowner of the statement of no ownership interest in or bailment responsibility for the junk vehicle or parts thereof, the Police Department shall cause a junk vehicle notification form to be mailed to the vehicle’s registered legal owner of record by certified mail, return receipt requested. This notification shall inform the owner of the City’s intent to dispose of the junk vehicle or parts thereof. If the junk vehicle or parts thereof remain unclaimed for more than 15 days after the junk vehicle notification form has been received, the Police Department may have the junk vehicle or parts thereof removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
(d) If no information identifying the owner of the junk vehicle or parts thereof is available after the landowner has executed the statement of no ownership interest or bailment responsibility, the Police Department may place a legal notice of custody and sale in the official newspaper of the City, informing the owner of the City’s intent to dispose of the junk vehicle or parts thereof. If the junk vehicle or parts thereof remain unclaimed more than 20 days after publication of the notice, the Police Department may have the junk vehicle or parts thereof removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord. 379 § 5, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).
9.04.050 Nuisance abatement procedures.
(a) If a landowner claims an ownership interest in or bailment responsibility for a junk vehicle or parts thereof located on his property upon contact by the Police Department as provided for in DMC 9.04.040(b), or fails to disclaim such ownership interest or bailment responsibility as provided in DMC 9.04.040(a), then the matter shall be referred to the Chief of Police for possible civil and criminal penalties as provided in Chapter 1.17 DMC, Enforcement.
(b) After referral to the Chief of Police as provided for in subsection (a) of this section, the Chief of Police may give notice to any landowner storing or keeping a junk vehicle or parts thereof within any zone in the City that such vehicle or parts thereof are a public nuisance which must be abated by the landowner within 15 days or the City will proceed to abate the nuisance by removal of the junk vehicle or parts thereof from the landowner’s property; and that the costs of such removal, including administrative costs, shall be assessed against the registered owner of the junk vehicle or parts thereof if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the junk vehicle or parts thereof is stored. This notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the City’s proposed removal of the junk vehicle or parts thereof. This notice shall be delivered to the last registered owner of the junk vehicle or parts thereof and to the landowner, and the property owner of record if different from the landowner, by certified mail, return receipt requested.
(c) Notice. The notice required by subsection (b) of this section shall be in substantially the following form:
JUNK VEHICLE NOTICE
One or more junk vehicle(s) or parts thereof described as: _________________________, has/have been discovered by the City of DuPont located at (Street Address), described as (Legal) within the City of DuPont which is shown by public record to be the real property of _________________________, and the last registered owner of such junk vehicles or parts thereof is listed of record as: ____________________. All of you are informed that such junk vehicle(s) or parts thereof is/are a public nuisance and unless such nuisance is abated within fifteen days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in DMC 9.04.060, the City of DuPont will proceed to abate such public nuisance by removal of the listed junk vehicle(s) or parts thereof fifteen days after you or your representative receives this notice as shown on the return receipt for this certified mail. The costs of removal, including administrative costs, will be assessed against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.650 at the time of transfer of ownership, and/or against the landowner.
You may request a hearing before the DuPont Municipal Court to contest: the City’s determination that the above-described junk vehicle(s) or parts thereof is/are a public nuisance; the abatement thereof; or that you are legally responsible for the abatement of this public nuisance. To request this hearing, you must notify the undersigned in writing at the address below within ten days of the date you or your representative received this notice. If you do not request a hearing, the junk vehicle(s) or parts thereof will be removed by the City of DuPont and the costs thereof, including administrative costs, shall be assessed against all or any one of you.
DATED this _______ day of _______________________, 20___.
____________________________________
Chief of Police, City of DuPont
[Address]
(d) After the expiration of the 15 days provided for in the notice to the registered owner and landowner, if no hearing has been requested, or after a hearing if requested and such action is authorized by the Court, the Police Department may proceed to have the junk vehicle or parts thereof removed and the costs of such removal, including administrative costs, shall be charged to the registered owner and/or landowner jointly and severally, and notice shall be given to the Washington State Patrol and the Department of Licensing that the junk vehicle or parts thereof has been wrecked.
(e) If either the last known registered owner of the junk vehicle or parts thereof or the landowner requests a hearing before the DuPont Municipal Court to contest the City’s determination that the junk vehicle or parts thereof constitute a public nuisance, the abatement thereof, or the legal responsibility therefor, such hearing shall be conducted after a written notice of the date, time, and place of such hearing is 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 the vehicle is in such condition that identification numbers are not available to determine ownership. The hearing shall be held within 30 days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle or parts thereof during the pendency of a hearing except pursuant to a Court order.
The landowner may appear in person at said hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle or parts thereof on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle or parts thereof was or were placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced in its presence, then the Court shall not assess costs of administration or removal of the junk vehicle or parts thereof against the landowner. (Ord. 379 § 6, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1; Ord. 14-978 § 2).
9.04.060 Exceptions.
The provisions of this chapter shall not apply under the following conditions:
(a) If a junk vehicle or parts thereof are completely enclosed within a building in lawful manner and is not visible from the street or other public or private property; or
(b) If a junk vehicle or parts thereof are 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. (Ord. 379 § 7, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).
9.04.070 General duty.
None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created in this chapter is intended to be a general duty or obligation only, running in favor of the general public. (Ord. 379 § 8, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).
9.04.080 Severability.
The provisions of this chapter are declared to be severable. If any section, subsection, sentence, clause or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the chapter shall not, as a result, be held unconstitutional or invalid, but shall remain in full force and effect. (Ord. 379 § 9, Dec. 14th, 1988; Ord. 03-735 § 1; Ord. 08-864 § 1).