Chapter 8.22
JUNK AND INOPERABLE MOTOR VEHICLE ABATEMENT1
Sections:
8.22.030 Abatement and removal of junk and inoperable motor vehicles from private property.
8.22.040 Violation citation—Issuance—Service.
8.22.080 Order of the violations hearing examiner—Violation.
8.22.090 Removal and disposal—Costs—Liens.
8.22.010 Title.
The ordinance codified in this chapter shall be known as the “Junk and Inoperable Motor Vehicle Abatement Ordinance” and may be cited as such. (Ord. 2837-05 § 2, 2005: Ord. 2338-98 § 1, 1998)
8.22.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “City” means the city of Everett.
B. “Code enforcement officer” means a code enforcement officer, the director of code enforcement, or designee. “Code enforcement” and “code compliance” shall have interchangeable meanings.
C. “Department” means the Washington State Department of Licensing.
D. “Director” means the Director of the Department of Licensing or his designee.
E. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
F. “Impound,” for purposes of this chapter, means to take and hold a vehicle in legal custody.
G. “Inoperable vehicle” means a motor vehicle substantially meeting the following requirements:
1. Not having valid vehicle license and tabs; or
2. Damaged to such extent as to render it illegal for operation on any public highway, including but not limited to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel, or other general conditions that would render a vehicle incapable of being driven on a public highway.
H. “Junk vehicle” means a vehicle substantially meeting the following requirements:
1. Is three years old, or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
I. “Police chief” means the Everett police chief or his designee.
J. “Vehicle,” for the purposes of this chapter, has the same definition as the definition of “motor vehicle” in RCW 46.04.320 as now or hereinafter enacted. (Ord. 2837-05 § 3, 2005: Ord. 2338-98 § 2, 1998)
8.22.030 Abatement and removal of junk and inoperable motor vehicles from private property.
A. All junk and inoperable vehicles placed or situated upon private property within the city limits shall constitute a criminal violation and shall be subject to the penalties as set forth in Section 8.22.100 of this chapter, and are also public nuisances to be abated as provided in this chapter; provided, however, that this chapter shall not apply to:
1. A vehicle or part thereof that 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 that 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; or
3. A vehicle enclosed in an opaque auto cover specifically designed to completely shield the vehicle from view. The cover must be in good condition and must be replaced if it is torn, weather-beaten, or acquires any other defects. Tarps and makeshift covers do not meet the requirement.
B. This section shall apply whether or not permission has been given for the vehicle to be left on the property. (Ord. 2837-05 § 4, 2005: Ord. 2338-98 § 3, 1998)
8.22.040 Violation citation—Issuance—Service.
A. A code enforcement officer, the director of code enforcement or his or her designee (hereinafter referred to as “a code enforcement officer”) is authorized to issue and serve a violation citation upon reasonable belief that a violation of one or more provisions of this chapter has occurred.
B. The violation citation shall be issued to the property owner of record upon which land a vehicle deemed to be in violation of this chapter is located, as shown on the last equalized assessment roll, and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
C. The violation citation may be served by means of personal service, or by mailing a copy of the violation citation to such person at his/her last known address, as determined by the code enforcement officer, by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made.
D. The violation citation shall contain substantially the following information:
1. The name and address of the person to whom the citation is issued;
2. The location of the subject property by address or other description sufficient for identification of the subject property;
3. A description of the vehicle and its location, and the reasons for which the city deems it to be a public nuisance in violation of this chapter;
4. A description of the corrective action necessary to eliminate the violation;
5. The date by which the corrective action must be completed to avoid a hearing before the violations hearing examiner;
6. The date and time of the hearing before the violations hearing examiner;
7. A statement that the person(s) to whom the citation is issued may avoid the hearing before the violations hearing examiner by completing the corrective action to be taken by the date set forth in the citation;
8. A statement that if any of the persons to whom the violation citation is issued wish to contest the violation, they must attend the hearing as noted in the violation citation;
9. A statement that if the persons to whom the violation citation is issued fail to complete the corrective action by the date required or appear at the hearing, the city or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the owner of the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the vehicle; and
10. A statement that the owner of the land upon which the vehicle is located may provide 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, as provided in Section 8.22.050 of this chapter. (Ord. 2837-05 § 5, 2005: Ord. 2338-98 § 4, 1998)
8.22.050 Hearing.
Hearings on contested violation citations shall be held in accordance with the provisions set forth in Chapter 1.20 of this code and the violations hearing examiner shall have the same powers as set forth therein. The owner of the land 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, then the violations hearing examiner shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the property owner. (Ord. 2338-98 § 5, 1998)
8.22.060 Monetary penalty.
Repealed by Ord. 2837-05. (Ord. 2338-98 § 6, 1998)
8.22.070 Repeat violators.
Repealed by Ord. 2837-05. (Ord. 2338-98 § 7, 1998)
8.22.080 Order of the violations hearing examiner—Violation.
The order of a violations hearing examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his/her last known address as determined by a code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. Thereafter, violation of the terms of a violations hearing examiner’s order shall constitute a misdemeanor and a separate misdemeanor shall be committed for each day that an order is violated. (Ord. 2338-98 § 8, 1998)
8.22.090 Removal and disposal—Costs—Liens.
A. After notice has been given of the city’s intent to dispose of the vehicle and after the hearing has been held, resulting in authority to remove, the vehicle or part thereof shall be removed at the request of a law enforcement officer and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the Department that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this chapter shall be processed in the manner described in the Washington Model Traffic Ordinance.
B. Any registered disposer under contract of the city for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the local authority or the Director.
C. Costs of removal may be assessed against the 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 has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, subject to Section 8.22.050 of this chapter.
D. The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded.
E. In addition to, or in lieu of, any other state or local provisions for the recovery of costs, the city may, after removal of a vehicle under this chapter, file for record with the county auditor to claim a lien for the cost of removal and any and all outstanding fines and collection costs, which shall be in substance in accordance with the provision covering mechanics’ liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. (Ord. 2338-98 § 9, 1998)
8.22.100 Penalties.
Notwithstanding the imposition of any civil penalties, the violation of any provision of this chapter shall constitute a criminal offense and shall be punishable by a fine of one hundred dollars plus costs. Each day that any person is in violation of any provision of this chapter shall constitute a separate offense and shall be subject to the penalties as set forth herein. (Ord. 2837-05 § 8, 2005: Ord. 2338-98 § 10, 1998)
For provisions on the removal of abandoned vehicles from public rights-of-way, see Chapter 46.40 of this code.