Chapter 9.64
JUNK VEHICLES
Sections:
9.64.020 Abandoned or junk vehicles – Nuisance declared.
9.64.005 Purpose.
The purposes of this chapter are to provide for the abatement of abandoned and junk vehicles as nuisances as provided by RCW 46.55.240 and to provide for the regulation of inoperable vehicles on private property. Abatement and regulation are necessary to preserve and enhance the aesthetic character of the cities’ neighborhoods, protect property values and rights and to reduce health and safety problems associated with junk vehicles. (Ord. 1151 § 1, 1997).
9.64.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
(a) “Abandoned vehicle” means any vehicle left on a public right-of-way or on private property without the consent of the property owner for a period of 72 hours or longer.
(b) “Junk vehicle” means any vehicle certified under RCW 46.55.230 as meeting at least three of the following criteria:
(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 or missing wheels, tires, motor or transmission;
(3) Is apparently inoperable;
(4) Has a fair market value equal only to the value of the scrap in it.
(c) “Inoperable vehicle” means a vehicle which is apparently inoperable or which requires repairs in order to be operated legally on the public roads, such as repair or replacement of a window, windshield, wheel, tire, motor or transmission.
(d) “Enforcement officer” means the city of Fircrest chief of police or his or her designee. (Ord. 1151 § 2, 1997; Ord. 918 § 4, 1988).
9.64.020 Abandoned or junk vehicles – Nuisance declared.
The storage or retention of abandoned or junk vehicles on private property or a public right-of-way is declared a public nuisance which is subject to abatement and removal as set forth below:
(a) The cost of abatement and removal may be assessed against the registered owner of the vehicle(s) if the identity of the owner can be determined, unless the owner in the transfer of ownership has complied with RCW 46.12.101. Alternatively, the cost may be assessed against the owner of the property on which the vehicle is stored.
(b) The enforcement officer may inspect and certify that a vehicle meets the definition of a junk or abandoned vehicle. The officer shall provide notice to the last registered owner of record and the property owner of record that a hearing may be requested before the hearings examiner and that if no hearing is requested within 15 days, the vehicle will be removed.
(c) If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the county assessor records and the legal owner of record of the vehicle, unless the vehicle condition is such that identification numbers are not available.
(d) The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement for consideration, and deny responsibility for the presence of the vehicle, with the reasons for the denial. If it is determined that the vehicle was placed on the property without the consent of the landowner and that the landowner has not acquiesced in its presence, then the cost of removal shall not be assessed against the landowner.
(e) After notice has been given of the intent of the city to abate and dispose of the vehicle and after a hearing, if requested, has been held, the vehicle may be removed at the request of a law enforcement officer of the city and disposed of by a licensed vehicle wrecker or tow truck operator, with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.
(f) The city may, within 30 days after removal of an abandoned or junk vehicle from private property, file for recording with the county auditor a claim for lien for the costs of removal. (Ord. 1151 § 4, 1997; Ord. 918 § 5, 1988).
9.64.025 Inoperable vehicles.
The storage of inoperable vehicles on residentially zoned property is limited as provided for in the city zoning regulations and must be screened from neighboring properties in the public right-of-way. Failure to provide for view screening in accordance with city ordinances shall be subject to enforcement and the penalties outlined in Chapter 22.95 FMC. (Ord. 1301 § 2, 2002; Ord. 1151 § 5, 1997).
9.64.030 Impoundment – Notification – Towing – Storage.
Repealed by Ord. 1151. (Ord. 918 § 6, 1988).
9.64.040 Notice.
Repealed by Ord. 1151. (Ord. 918 § 7, 1988).
9.64.050 Notice – Removal.
Repealed by Ord. 1151. (Ord. 918 § 8, 1988).
9.64.060 Costs.
Repealed by Ord. 1151. (Ord. 918 § 9, 1988).
9.64.070 Hearing.
Repealed by Ord. 1151. (Ord. 918 § 9, 1988).
9.64.080 Exemptions.
The provisions of this chapter shall not apply to:
(a) A vehicle or part thereof that is completely enclosed within a building in a lawful manner, so as not to be visible from adjacent or nearby public or private property.
(b) 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 vehicle dismantler or licensed vehicle dealer and is fenced in accordance with the provisions of RCW 46.80.130. (Ord. 1151 § 3, 1997; Ord. 918 § 10, 1988).
9.64.090 Conduct of hearing.
Repealed by Ord. 1151. (Ord. 918 § 11, 1988).
9.64.100 Procedure.
Repealed by Ord. 1151. (Ord. 918 § 12, 1988).