Chapter 19.25
VEHICLE AND PUBLIC RIGHT-OF-WAY NUISANCES
Sections:
19.25.015 Public right-of-way nuisance.
19.25.010 Vehicle nuisance.
(1) Placement of any inoperative, junk or wrecked vehicles, or secondhand vehicle parts on private property, Jefferson County right-of-way, or other property controlled by Jefferson County is a nuisance, as defined under JCC 19.10.015(36), except where storing an inoperative, junk or wrecked vehicle, or secondhand vehicle part is a permitted use under JCC Title 18 and exempt under subsection (2) of this section.
(2) Exception for Inoperative, Junk or Wrecked Vehicles, or Secondhand Vehicle Parts Enclosed within a Permitted Building or a Compliant Fence. Inoperative, junk or wrecked vehicles, or secondhand vehicle parts shall be exempt from subsection (1) of this section when the property owner cleans up and properly disposes of any visible contamination resulting from the storage of inoperative, junk or wrecked vehicles, or secondhand vehicle parts and the inoperative, junk or wrecked vehicles, or secondhand vehicle parts are:
(a) Completely enclosed within a permitted building or a compliant fence and not visible from the street or from other public or private property where:
(i) Any fence or wall is painted or stained a neutral shade that blends in with the surrounding premises and is kept in good repair; or
(ii) Any living hedge is of sufficient density to prevent view of the confined area and any dead or dying portion is replaced; or
(b) Parked or stored by an automobile repair business, a licensed hulk hauler, a licensed scrap processor, a licensed vehicle dealer, or a licensed vehicle wrecker; and are enclosed by a fence, living hedge or wall of such height as to obscure the nature of the business carried on, where:
(i) Any fence or wall is painted or stained a neutral shade that blends in with the surrounding premises and is kept in good repair; or
(ii) Any living hedge is of sufficient density to prevent view of the confined area and any dead or dying portion is replaced.
(3) Certification. The director may inspect and certify that a vehicle is an inoperative vehicle, junk vehicle, or wrecked vehicle. The certification shall be made in writing. The person making the certification shall record the make and vehicle identification number or license number of the vehicle if available or legible and shall also document in detail the damage or missing equipment to verify whether the approximate value of the vehicle is equivalent to the approximate value of the scrap in it (only if that is one of the definitional criteria that was alleged in the notice of abatement issued by the county). If abated, the vehicle shall be photographed by the person making the certification, removed from the property by the county, and disposed of by a licensed hulk hauler, scrap processor, or vehicle wrecker with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. The county shall maintain a photographic record of all abated inoperative, junk, or wrecked vehicles for a period of two years following abatement.
(4) A vehicle certified as an inoperative, junk, or wrecked vehicle shall only be disposed of as scrap.
(5) When the director determines that a vehicle nuisance has occurred or is occurring and is unable to secure compliance after an attempt for voluntary compliance and a notice of violation under JCC 19.20.010 and 19.20.015, the director may issue a notice of violation and order of abatement to the person responsible. The notice and order directs the county to abate the nuisance, usually by removing or rectifying the vehicle nuisance.
(a) Under the following circumstances the director may issue a notice of abatement without having attempted to secure voluntary compliance or compliance after a notice of violation, as provided in JCC 19.15.010 and 19.20.010:
(i) When an emergency exists;
(ii) When a repeat violation occurs;
(iii) When the nuisance creates a situation or condition which cannot be corrected;
(iv) When the person responsible knew or reasonably should have known that the action was a civil code violation; or
(v) When the person responsible cannot be contacted when reasonable attempts to contact the person have failed or the person refuses to communicate or cooperate with the county in correcting the nuisance.
(6) Notice of violations and order of abatements authorized under JCC 19.20.015 for vehicle nuisances under this section must comply with subsections (7) and (8) of this section for notice, determination of responsibility, and requests for hearing.
(7) Notice Required and Request for Hearing.
(a) Whenever a vehicle is certified to be an inoperative, junk, or wrecked vehicle the last registered vehicle owner of record and the land owner of record where the vehicle is located shall each be given notice by certified mail that a public hearing may be requested before the hearing examiner.
(b) If no hearing is requested within 15 days from the certified date of receipt of the notice, the vehicle shall be removed by the county.
(c) If a request for hearing is received within 15 days, a notice giving the time, location and date of the hearing on the question of abatement and removal of the inoperative, junk, or wrecked vehicle shall be mailed by certified mail, with five-day return receipt requested, to the land owner as shown on the last equalized assessment roll and to the last registered and legal owner of record of each such vehicle unless the vehicle identification numbers are not available to determine ownership.
(8) Determination of Responsibility.
(a) The owner of the property on which the inoperative, junk or wrecked vehicle, or secondhand vehicle part is located may appear in person at the hearing or present a written sworn statement in time for consideration at the hearing. The owner may deny responsibility for the presence of the inoperative, junk or wrecked vehicles, or secondhand vehicle parts on the land stating the reason for such denial. If the owner of the property submits an affidavit or documents for the hearing examiner’s decision, it must be received in time for the scheduled hearing and must clearly and unequivocally indicate that they are for the hearing. If the owner of the property does not appear at the hearing and does not properly submit a written sworn statement, the hearing examiner may enter a default. If it is determined by the hearing examiner that the inoperative, junk or wrecked vehicles, or secondhand vehicle parts were placed on the land without consent of the land owner and that the land owner has not subsequently acquiesced in their presence, then costs of administration or removal of the inoperative, junk, or wrecked vehicles or secondhand vehicle parts shall not be assessed against the property upon which the inoperative, junk or wrecked vehicles or secondhand vehicle parts are located nor otherwise be collected from the land owner. However, if the junk vehicles were placed on the land with the consent of the land owner or the land owner acquiesced in their presence, penalties and costs shall be assigned to the land owner in accordance with JCC 19.30.010 and 19.30.020.
(b) Nothing in this chapter shall relieve the landowner of any monetary penalties which may accrue from any civil code violation related to the improper placement, parking or storage of inoperative, junk or wrecked vehicles, or secondhand vehicle parts to which the landowner has consented or acquiesced.
(c) In addition to determination of responsibility as provided for in subsection (8)(a) of this section, the hearing examiner shall receive and examine evidence on other relevant matters, including whether a nuisance as defined in this chapter exists. The decision of the hearing examiner shall be a final agency action.
(d) The hearing examiner shall use the process and factors in JCC 19.35.050(6)(d) when assessing penalties and costs pursuant to JCC 19.30.010 and 19.30.020.
(9) Abatement and Removal Authorized. The county may remove any inoperative, junk or wrecked vehicle, or secondhand vehicle part after complying with subsections (7) and (8) of this section. The proceeds of any such disposition shall be used to defray the costs of abatement and removal of any such inoperative, junk or wrecked vehicles, or secondhand vehicle parts, including costs of administration and enforcement.
(10) Limitations. Nothing in this section prohibits Jefferson County from enforcing other statutes, regulations, or ordinances for civil code violations involving junk vehicles independent of nuisance actions. [Ord. 9-20 § 1 (Appx. A)]
19.25.015 Public right-of-way nuisance.
(1) Personal property or solid waste belonging to an evicted tenant which has been placed onto public right-of-way pursuant to a court-ordered eviction per RCW Title 59, and not removed within 24 hours, is a public right-of-way nuisance, as defined under JCC 19.10.015(44).
(2) When the director determines that a public right-of-way nuisance, as defined in JCC 19.10.015(44), has occurred or is occurring, notice of such removal after 24 hours shall be given to the evicted tenant or owner of the personal property or solid waste or their designee. Notice shall be placed in a conspicuous place on or near the personal property.
(3) If, after 24 hours after the notice was placed, the evicted tenant or owner or their designee has not removed the personal property or solid waste from the public right-of-way, the property shall be deemed a nuisance, and the property owner or their designee shall remove the personal property or solid waste for proper disposal or the county shall seek to abate the nuisance and bill costs to the property owner or their designee. If abated, this shall be a final decision, as defined under JCC 19.10.015(25), without administrative appeal rights under JCC 19.40.015. [Ord. 9-20 § 1 (Appx. A)]