Chapter 8.12
JUNK VEHICLES
Sections:
8.12.030 Abatement and removal of junk vehicles on private property.
8.12.010 Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases shall have the following meanings:
“Enforcement officer” means the city clerk-treasurer or any city official or employee designated.
“Junk vehicle” means any vehicle substantially meeting three of the five following requirements (RCW 46.55.010(4)):
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. Is without a valid, current registration plate;
5. Has an approximate fair market value equal only to the approximate value of the scrap in it.
“Landowner” means an owner of private property or a person in possession or control of private property. (Ord. 645 § 1, 2000: Ord. 578 § 1, 1994)
8.12.020 Exemptions.
The provisions of this chapter shall not apply to:
A. A vehicle or part thereof which 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
B. A vehicle or part thereof which 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. (Ord. 578 § 2, 1994)
8.12.030 Abatement and removal of junk vehicles on private property.
A. The storage or retention of junk vehicles on private property is declared to constitute a public nuisance subject to abatement by removal and disposal. The enforcement officer shall inspect and investigate complaints relative to junk vehicles, or parts thereof on private property.
B. Upon discovery of such nuisance, the enforcement officer shall give notice in writing to the last registered owner of record of the junk vehicle and also to the property owner of record that the city may remove the vehicle(s) if abatement does not occur within thirty (30) days from the time of notice for abatement.
C. Costs of removal may be assessed against the registered owner of the junk vehicle if the identity of such 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 by the owner of the property on which the junk vehicle is stored.
D. After notice has been given of the requirement for abatement and the intent of the city to dispose of the junk vehicle and after a hearing, if requested, has been held, the junk vehicle or part thereof shall be removed at the request of a police officer, and disposed of by a registered tow truck operator with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked or that the cost making the vehicle road worthy exceeds its market value.
E. The city shall, within thirty (30) days after removal of the junk vehicle from private property, file or record with the county auditor a claim for lien for the costs of removal and disposal, which shall be in substance in accordance with the provisions covering mechanics liens in Chapter 60.04 RCW, and such lien shall be foreclosed in the same manner as such liens. (Ord. 718 (part), 2006: Ord. 578 § 3, 1994)
8.12.040 Violation—Penalty.
In addition to the costs of abatement, commencing upon the date that the enforcement officer had specified for completion of the abatement, and for every day thereafter, any person violating any portion of this chapter shall be deemed to have committed an infraction. Each violation will be punished by a fine not to exceed two hundred fifty dollars ($250.00) per day that the violation continued. All proceedings for the civil violation will be in accordance with Section 1.20.020 of this code. (Ord. 718 (part), 2006)