Chapter 7.20
JUNK AND JUNK VEHICLES
Sections:
7.20.020 Junk and junkyards prohibited.
7.20.010 Junk vehicles.
Junk or junked vehicles are declared public nuisances under FWRC 7.20.020 and this title.
(1) Junk vehicles may be impounded, provided the following notice and hearing procedures are fulfilled:
(a) At least 15 days prior to impoundment, notice shall be provided to the property owner of record and sent to the vehicle’s last registered owner of record if the vehicle’s owner’s identity can be determined and that person is different from the property owner. The notice shall provide that a hearing may be requested and that if no hearing is requested, the vehicle will be removed. This notice may be contained in the notice of violation. If the owner or occupier of the property hinders the city from ascertaining the owner of the vehicle, the owner of the property shall be presumed to be the owner of the vehicle;
(b) If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by regular mail and 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 owner cannot be determined. This hearing may be held in the same manner and at the same time as an appeal of the notice of violation under FWRC 1.15.060;
(c) This section shall not apply to (i) 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 (ii) 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 RCW 46.80.130 as it exists or is hereafter amended;
(d) 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 reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the local agency 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 owner of the property;
(e) After notice has been given of the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer or a code enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.
(2) At least 15 days after an unappealed notice of violation under FWRC 1.15.040 is issued, or at least 15 days after the final decision on an appealed notice of violation, any junk or junked vehicle or part thereof as defined by FWRC 7.20.020 and/or 19.05.100 and encompassed by the notice of violation is subject to summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law enforcement officer or code enforcement officer may take custody of such vehicle, at his or her discretion, and provide for its prompt removal to a place of safety. An impoundment under this section shall not be considered an abatement under FWRC 1.15.080 nor subject to its provisions.
(3) A warrant to enter the property and impound any vehicles shall not be required to impound vehicles that are visible from outside of the property and accessible from normal access routes from the public right-of-way, including but not limited to those vehicles on or adjacent to driveways and not behind closed gates.
(4) 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.
(5) A registered disposer under contract to the city for the impounding of vehicles shall comply with any administrative regulations on the handling and disposing of vehicles.
(Ord. No. 09-596, § 20, 1-6-09; Ord. No. 06-534, § 1, 10-17-06. Code 2001 § 15-141.)
7.20.020 Junk and junkyards prohibited.
It is a violation of this title to accumulate junk, or for a property owner or the person in control of property to allow junk, junked, or inoperable vehicles to accumulate on the property, or to operate or maintain a junkyard on the property.
(Ord. No. 09-596, § 21, 1-6-09; Ord. No. 96-269, § 4, 6-18-96; Ord. No. 90-43, § 2(115.70), 2-27-90. Code 2001 § 22-952.)
Cross references: Motor vehicles, FWRC Title 8; licenses and business regulations, FWRC Title 12; buildings and building regulations, FWRC Title 13; this nonconformance must be immediately brought into conformance with the applicable provisions of the zoning regulations, FWRC 19.30.060.