Chapter 10.33
JUNK VEHICLES AND AUTOMOBILE HULKS
Sections:
10.33.040 Summary removal procedures.
10.33.050 Nuisance abatement procedures.
10.33.010 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, parts thereof, and automobile hulks from public and private property as authorized by the provisions of RCW 46.55.240 as now existing and in accordance with any amendments that may hereafter be made thereto. (Ord. 1752 § 1, 1992).
10.33.020 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. “Automobile hulk” means an automobile hulk whether abandoned or not and further as defined in RCW 46.79.010(2) as now enacted or hereafter amended.
B. “Junk vehicle” means a junk vehicle as defined in RCW 46.55.010(4) as now enacted or hereafter amended; currently defined as:
1. Three years or older; and
2. 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; and
3. Apparently inoperable; and
4. Without a valid, current registration plate; and
5. Having a fair market value equal only to the value of the scrap in it.
C. “Landowner” means a landowner as now defined in RCW 46.55.230(7) as now enacted or hereafter amended. (Ord. 1752 § 2, 1992).
10.33.030 Nuisance.
The storing or keeping of junk vehicles, parts thereof, or automobile hulks on public or private property is declared to be a public nuisance, except as provided for in EMC 10.33.060. Such public nuisance may be abated as provided for in EMC 10.33.040 and 10.33.050. (Ord. 1752 § 3, 1992).
10.33.040 Summary removal procedures.
A. The police department shall inspect and investigate complaints about the storing or keeping of junk vehicles, parts thereof, and automobile hulks on public and private property. Upon discovery of an alleged junk vehicle, parts thereof, or automobile hulk, the police department may contact the landowner of the property where the junk vehicle, parts thereof, or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. 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, parts thereof, or automobile hulk located on his or her property, and the landowner does not within 30 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 EMC 10.33.060(A), the police department may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided for in EMC 10.33.050.
C. Upon execution by the landowner of the statement of no ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk, 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. Additionally, this notification shall inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed for more than 30 days after the junk vehicle notification form has been received, the police department may have the junk vehicle, parts thereof, or automobile hulk 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, parts thereof, or automobile hulk 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. This notice shall comply with the provisions of RCW 46.55.230(5) regarding junk vehicle disposition, as now enacted or hereafter amended, and shall additionally inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed for more than 20 days after publication of the notice, the police department may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord. 1752 § 4, 1992).
10.33.050 Nuisance abatement procedures.
A. If a landowner claims an ownership interest in or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk located on his property upon contact by the police department as provided for in EMC 10.33.040(B), then the matter shall be referred to the chief of police for possible further action.
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, parts thereof, or automobile hulk within any zone in the city that such vehicle, parts thereof, or automobile hulk is a public nuisance which must be abated by the landowner within 30 days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk 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, parts thereof, or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101 regarding transfer of ownership, or the costs may be assessed against the owner of the property on which junk vehicle, parts thereof, or automobile hulk 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 junk vehicle, parts thereof, or automobile hulk. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk 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, PARTS THEREOF, OR AUTOMOBILE HULK REMOVAL NOTICE
A junk vehicle(s), parts thereof, or automobile hulk(s) described as:
has been discovered by the City of Enumclaw located at _______________ (Street Address), described as ______________ (legal) within the City of Enumclaw which is shown by public record to be the real property of ____________, the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as: _________________________ ________________________________.
All of you are informed that such junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance and unless such nuisance is abated within 30 days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in the Enumclaw City Code 10.33.060(A), the City of Enumclaw will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) 30 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 46.12.101 at the time of transfer of ownership, and/or against the landowner.
You may request a hearing before the Enumclaw Municipal Court to contest: the City’s determination that the above described junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance, the abatement thereof, or that you are legally responsible for these junk vehicle(s), parts thereof, or automobile hulk(s). To request this hearing, one of you must notify the undersigned in writing at the address below within 10 days of the date you or your representative received this notice as shown on the return receipt for this certified mail. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Enumclaw and the costs thereof, including administrative costs, shall be assessed against all or any one of you.
Dated this ___ day of _________, 199__.
_____________________
Chief of Police
City of Enumclaw
1339 Griffin Ave.
Enumclaw, Wa. 98022
(206) 825-3591
D. After the expiration of the 30 days provided for in the notice to the registered owner and the 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, parts thereof, or automobile hulk removed and the costs of such removal including administrative costs shall be taxed against 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, parts thereof, or automobile hulk has been wrecked.
E. If either the last known registered owner of junk vehicle, parts thereof, or automobile hulk or the landowner requests a hearing before the Enumclaw municipal court to contest either (1) the city’s determination that junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance, or (2) the abatement thereof, or (3) the legal responsibility of either or both the registered owner and/or landowner for the junk vehicle, parts thereof, or automobile hulk, that 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 written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing except pursuant to a court order. The landowner 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 junk vehicle, parts thereof, or automobile hulk on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle, parts thereof, or automobile hulk 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, parts thereof, or automobile hulk against the property upon which the junk vehicle, parts thereof, or automobile hulk is located or otherwise attempt to collect the costs from the owner. (Ord. 1752 § 5, 1992).
10.33.060 Exceptions.
The provisions of this chapter shall not apply under the following conditions:
A. If a junk vehicle, parts thereof, or automobile hulk is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
B. If a junk vehicle, parts thereof, or automobile hulk 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 RCW 46.80.130 regarding fencing of wrecker businesses, as now enacted or hereafter amended. (Ord. 1752 § 6, 1992).
10.33.070 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 herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 1752 § 7, 1992).