Chapter 46.40
ABANDONED OR JUNKED MOTOR
VEHICLE ABATEMENT1
Sections:
46.40.020 Repealed.
46.40.030 Unlawful to abandon junk motor vehicles (RCW 48.90.030).
46.40.050 Authority to remove and impound vehicles on public property—Procedure (RCW 46.90.330).
46.40.080 Stolen and abandoned vehicles—Reports of notice—Disposition (RCW 46.90.345).
46.40.090 Removal and storage of vehicle or hulk—Lien—Notices—Contents (RCW 46.90.350).
46.40.100 Sale of unclaimed vehicle or hulk—Procedure—Proceeds (RCW 46.90.355).
46.40.110 Vehicle left in garage for storage—When deemed abandoned—Notices—Disposal (RCW 46.90.360).
46.40.120 Disposition of abandoned junk motor vehicles (RCW 46.90.375).
46.40.130 Unauthorized vehicles—Removal from family residential property (RCW 46.52.110).
46.40.010 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Abandoned vehicle” means any vehicle or automobile hulk left within the right-of-way of any highway or on the property of another without consent of the owner of such property for a period of twenty-four hours or longer, provided, that a vehicle or hulk shall not be considered abandoned if it is lawfully parked for a period not exceeding seventy-two hours; provided further, that a vehicle or hulk shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
B. “Abandoned junk motor vehicle” means any motor vehicle substantially meeting the following requirements: (RCW 46.52.145(1))
1. Left on private property for more than twenty-four hours without the permission of the person having right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway for twenty-four hours or longer;
2. Three years old, or older;
3. Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor or transmission;
4. Apparently inoperable;
5. Without a valid, current registration plate;
6. Having a fair market value equivalent to the scrap therein, only.
C. “Automobile hulk” means any portion or portions of a motor vehicle which is inoperative and cannot be made mechanically operative without additional vital parts and a substantial amount of labor.
D. In addition to the definition of “motor vehicle” and “vehicle” as set forth in RCW 46.04.320 and RCW 46.04.670, the term “vehicle,” for purposes of this chapter, shall include abandoned vehicles, abandoned junk motor vehicles and automobile hulks.
E. “Department” means the Washington State Department of Licensing.
F. “Director” means the Director of the Department of Licensing or his designee.
G. “Police chief” means the Everett police chief or his designee. (Ord. 869-82 § l, 1982)
46.40.020 Abatement and removal of automobile hulks and/or abandoned vehicles on private property (RCW 46.52.117).
Repealed by Ord. 2338-98. (Ord. 869-82 § 2, 1982)
46.40.030 Unlawful to abandon junk motor vehicles (RCW 48.90.030).
No person shall wilfully leave an abandoned junk motor vehicle on private property for more than twenty-four hours without the permission of the person having the right to possession of the property, or upon or within the right-of-way of any highway or other property open to the public for purposes of vehicular travel or parking for twenty-four hours or longer without notification to the chief of police of the reasons for leaving the motor vehicle in such a place. For the purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima facie evidence of abandonment. Any person convicted of abandoning a junk motor vehicle shall be assessed any costs incurred by the city in disposing of such abandoned junk motor vehicle less any moneys accrued to the city from such disposal. (Ord. 869-82 § 3, 1982)
46.40.040 Disposition of impounded vehicles—When vehicles deemed abandoned—Procedure (RCW 46.90.365).
Any vehicle impounded pursuant to subsection (1) of Section 46.40.050 or Section 46.40.130 (RCW 46.90.330(1) or 46.52.119, respectively) and left unclaimed for a period of fifteen days shall be deemed to be an abandoned vehicle. At the expiration of such fifteen-day period, such vehicle shall be deemed to be in the custody of the sheriff of the county where such vehicle is located and the sheriff of the county shall deliver the vehicle to a registered disposer who shall dispose of such vehicle in the manner provided in Sections 46.40.090 and 46.40.060 (RCW 46.90.350 and 46.90.335, respectively); provided, that if such vehicle fulfills all of the requirements of subsection B of Section 46.40.010 (RCW 46.52.145(1)), it shall be disposed of as provided in Section 46.40.120 (RCW 46.90.375). (Ord. 869-82 § 4, 1982)
46.40.050 Authority to remove and impound vehicles on public property—Procedure (RCW 46.90.330).
A. Members of the police department are authorized to remove and impound vehicles by means of towing or otherwise to the nearest garage or other place of safety or to a garage designated or maintained by the police department or otherwise maintained by the local authority, under any of the following circumstances:
1. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic;
2. When any vehicle upon a highway, including tunnels, bridges, or approaches, is so disabled as to constitute an obstruction to traffic or when the person or persons in charge of the vehicle are incapacitated to such an extent as to be unable to provide for its custody or removal and there is no other person present who, in the opinion of a police officer, may properly act as agent for such operator in the care of his vehicle;
3. When any vehicle is left unattended upon a highway and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;
4. When any vehicle is found in a tow-away zone;
5. When any vehicle operating on a highway is found to be defective in equipment in such manner that it may be considered unsafe;
6. When the operator of any vehicle is arrested and placed in custody and is not in condition to drive and the vehicle is not in a place of safety and there is no other person present who, in the opinion of a police officer, may properly act as agent for such operator to drive the vehicle to a place of safety.
B. Members of the police department are authorized to remove and impound any abandoned vehicle, automobile hulk or abandoned junk motor vehicle found on a highway by means of towing or otherwise to the nearest garage or other place of safety or to a garage designated or maintained by the police department or otherwise maintained by the local authority.
C. Whenever an officer removes and impounds a vehicle from a highway as authorized in subsection A of this section, he shall as soon as practicable give or cause personal notice to be given in writing to the owner of such vehicle, if any record exists of the registered or legal owner in the records of the authority last licensing such vehicle, of the fact of such removal and the reasons therefor and of the place to which such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
D. Whenever an officer removes and impounds a vehicle from a highway under subsection A of this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event, the officer shall immediately send or cause to be sent written report of such removal by mail to the department and shall file a copy of such notice with the proprietor of any garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and name of the garage or place where the vehicle is stored.
E. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on each vehicle impounded shall be paid by the owner or his agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his agent if the vehicle is redeemed, but if not redeemed, such costs shall be received from the proceeds of sale.
F. 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.
G. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued to the time of reclamation, unless the vehicle is being held at the direction of a law enforcement agency as evidence of a crime. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. (Ord. 869-82 § 5, 1982)
46.40.060 Owner of record presumed liable for costs when vehicle abandoned—Exception (RCW 46.90.335).
A. The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle.
B. A registered owner transferring a vehicle shall be relieved from personal liability under this section and under RCW 46.90.350, 46.90.355, and 46.90.370 if within five days of the transfer he transmits to the department a seller’s report of sale on a form prescribed by the director. (Ord. 869-82 § 6, 1982)
46.40.070 Contract with registered disposer to dispose of vehicles and hulks—Compliance required (RCW 46.90.340).
A. The city of Everett may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the department for the purpose of disposing of certain automobile hulks, abandoned junk motor vehicles, and abandoned vehicles.
B. Any registered disposer under contract to the city for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director. (Ord. 869-82 § 7, 1982)
46.40.080 Stolen and abandoned vehicles—Reports of notice—Disposition (RCW 46.90.345).
It shall be the duty of the chief of police or his designee to report immediately to the chief of the Washington State Patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington State Patrol.
In the event that any motor vehicle reported as stolen has been recovered, the person so reporting the same as stolen shall be guilty of a misdemeanor unless he shall report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen.
It shall be the duty of the chief of police or his designee to report to the chief of the Washington State Patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a registered disposer. (Ord. 869-82 § 8, 1982)
46.40.090 Removal and storage of vehicle or hulk—Lien—Notices—Contents (RCW 46.90.350).
A. A registered disposer taking custody of any abandoned vehicle shall remove it to his established place of business where it shall be stored, and such registered disposer shall have a lien upon the abandoned vehicle but not upon any items of personal property therein or upon for services provided in towing and storage of it, not to exceed the sum of one hundred dollars.
B. Within five days after receiving custody of such abandoned vehicle, the registered disposer shall submit an abandoned vehicle report giving notice of his custody to the department and the chief of the Washington State Patrol. Any registered disposer failing to report such fact within five days shall forfeit any claim for the storage of the vehicle. Within five days after having received the name and address of the owner, he shall notify the registered and legal owner of his custody, and shall send copies of such notice to the chief of the Washington State Patrol and to the department. The notice of custody and sale to the registered and legal owner shall be sent by the registered disposer to the last known address of said owner appearing on the records of the department, and such notice shall be sent to the registered and legal owner by certified or registered mail with a five-day return receipt requested. Such notice shall contain a description of the abandoned vehicle including its license number and/or serial number if obtainable, and shall state the amount due the registered disposer for services in the towing and storage of it and the time and place of public sale if the amount remains unpaid.
C. The department shall supply the last known names and addresses of registered and legal owners of abandoned vehicles appearing on the records of the department to registered disposers on request without charge. (Ord. 869-82 § 9, 1982)
46.40.100 Sale of unclaimed vehicle or hulk—Procedure—Proceeds (RCW 46.90.355).
A. If, after the expiration of fifteen days from the date of mailing of the notice of custody and sale to the registered and legal owner, the abandoned vehicle remains unclaimed and has not been listed as a stolen or recovered vehicle, then the registered disposer having custody of the abandoned vehicle shall conduct a sale of it at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days before the date of the auction.
B. The abandoned vehicle shall be sold at the auction to the highest bidder. The proceeds of such sale, after deducting the towing and storage charges due the registered disposer including the cost of sale, which shall be conducted as in a public auction sale of personal property by the sheriff, shall be certified one-half to the county treasurer of the county in which the vehicle is located to be credited to the county current expense fund, and one-half to the state treasurer to be credited to the highway safety fund. If the amount bid at the auction is insufficient to compensate the registered disposer for his towing and storage charges and the cost of sale, such registered disposer shall be entitled to assert a claim for any deficiency, not to exceed one hundred dollars less the amount bid at the auction, against the last registered owner of such abandoned vehicle.
C. After the public auction of any abandoned vehicle, the registered disposer shall give the successful bidder an affidavit of sale stating that the sale was conducted under the proper procedures and indicating the disposition of moneys derived from the sale and after such successful bidder has submitted an application for a certificate of title along with applicable fees, taxes, and the affidavit of sale, the director of the department shall issue a certificate of title showing ownership of the vehicle or automobile hulk in the name of the successful bidder at such auction; provided, that a licensed auto wrecker or scrap processor may use such affidavit in lieu of a certificate of title to report the acquisition for wrecking or demolition. (Ord. 869-82 § 10, 1982)
46.40.110 Vehicle left in garage for storage—When deemed abandoned—Notices—Disposal (RCW 46.90.360).
In addition to abandoned vehicles, abandoned junk motor vehicles, and impounded vehicles meeting the requirements of Section 46.40.040 (RCW 46.90.365), vehicles left in garage storage may be deemed abandoned in the following manner:
A. A vehicle stored under a fixed contract of storage may be deemed abandoned on the fifth day following expiration of the contract.
B. A vehicle stored under an open-ended contract of storage may be deemed abandoned at any time by the garage keeper.
All such abandoned vehicles shall be disposed of by a registered disposer in accordance with the procedures prescribed in Sections 46.40.090 and 46.40.100 (RCW 46.90.350 and 46.90.355). Any registered disposer failing to report the fact of abandonment to the department and the chief of the Washington State Patrol pursuant to Section 46.40.090 (RCW 46.90.350), shall forfeit any claim for the storage of any such vehicle. (Ord. 869-82 § 11, 1982)
46.40.120 Disposition of abandoned junk motor vehicles (RCW 46.90.375).
A. Notwithstanding any other provision of law, the chief of police on his own volition, or upon request from a private person having the right to possession of property upon which an abandoned junk motor vehicle has been left, shall inspect and may authorize the disposal of an abandoned junk motor vehicle. The chief of police shall record the make of such vehicle, the serial number if available, and shall also detail the damaged or missing equipment to substantiate a fair market value as scrap only. He shall prepare in duplicate for each such abandoned junk motor vehicle an authorization to dispose on a form provided by the director. He shall issue the original copy of such authorization to dispose to any licensed hulk hauler, motor vehicle wrecker, or scrap processor for the purpose of acquiring an abandoned junk motor vehicle; provided, that such acquisition is for the purpose of ultimate transfer to and demolition by a licensed scrap processor.
B. Any moneys arising from the disposal of abandoned junk motor vehicles shall be deposited in the city general fund. (Ord. 869-82 § 12, 1982)
46.40.130 Unauthorized vehicles—Removal from family residential property (RCW 46.52.110).
Whenever any owner or person having possession or control of family residential property finds a vehicle other than an abandoned vehicle as defined in subsection A of Section 46.40.010 (RCW 46.52.102) standing upon such property without his consent, he is authorized to have such vehicle removed from such property and stored or held for its owner. (Ord. 869-82 § 13, 1982)
46.40.140 Construction.
This chapter shall implement and be supplementary to the provisions of the Washington Model Traffic Ordinance, RCW 46.90, and shall be construed in a manner consistent with the provisions thereof. (Ord. 869-82 § 14, 1982)
46.40.150 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. 869-82 § 15, 1982)
For provisions on the abatement of junk vehicles on private property, see Chapter 8.22 of this code.