Chapter 10.06
JUNK VEHICLES AND AUTOMOBILE HULKS
Sections:
10.06.040 Enforcement authority.
10.06.050 Summary removal procedures.
10.06.080 Certain provisions superseded.
10.06.010 Purpose and intent.
The purpose and intent of this chapter is to provide for and implement the greatest powers possible for facilitating the abatement and removal of abandoned and junk vehicles and parts thereof from public and private property as authorized in RCW 46.55.230 and 46.55.240 as adopted or hereafter amended. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 1, 1992)
10.06.020 Definitions.
The following words and terms used in this chapter shall have the following meanings except where otherwise defined in this chapter, and unless where used the context thereof clearly indicates to the contrary:
“Junk vehicle” means any vehicle certified under RCW 46.55.230 and 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 an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 2, 1992)
10.06.030 Nuisance.
The storing or keeping of junk vehicles or parts thereof on public or private property is declared to be a public nuisance, except as provided for in Section 10.06.060. Such public nuisance may be abated as provided for in Section 10.06.050. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 3, 1992)
10.06.040 Enforcement authority.
The Kelso police department shall enforce this chapter and shall be responsible for the abatement and removal of any junk vehicle or part thereof as a public nuisance. (Ord. 3853 § 1 (Exh. A), 2015)
10.06.050 Summary removal procedures.
A. Any Kelso police officer may inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the vehicle is equivalent only to the value of scrap in it.
B. If the officer determines that a vehicle is a junk vehicle, the officer shall provide notice to the last registered owner of record of the vehicle shown on the records of the Washington State Department of Licensing and the property owner of record of the property upon which the vehicle is located, by certified mail, with a five-day return receipt requested. The notice shall provide the following information:
1. That the city has investigated and determined that the vehicle is a junk vehicle;
2. That the property owner and/or the owner of the vehicle shall have fifteen days from the date of the notice to remove the vehicle from the property;
3. That if the vehicle is not removed, the city intends to dispose of the vehicle and assess the costs of removal to the registered owner of the vehicle or to the owner of the property where the vehicle is stored;
4. That a hearing on the abatement of the junk vehicle as a public nuisance may be requested in writing within fifteen days of the date of the mailing of the notice; and
5. That if no hearing is requested within fifteen days of the date of the mailing of the notice, the junk vehicle or part thereof will be removed.
C. If a written request for a hearing is received within fifteen days, the city shall provide notice of the hearing to the owner of the land as shown on the last equalized assessment roll and the last registered and legal owner of record unless a vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall give 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. The notice shall be sent by certified mail, with a five-day return receipt requested.
D. The hearing shall be conducted before a duly appointed Kelso hearing examiner within thirty days of the mailing of the notice of hearing.
E. The owner of the property 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 or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the cost of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, nor can the costs be collected from the property owner.
F. After the expiration of the fifteen days provided for in the notice to the registered owner and landowner of the city’s intent to abate, remove, or dispose of the vehicle, and after a hearing, if requested, has been held affirming the city’s determination, the vehicle or part thereof shall be removed at the request of the Kelso police department and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked.
G. The cost of abatement and removal of the vehicle or part thereof under this chapter including the costs of administration and hearing shall be assessed against the last 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 had complied with Chapter 46.12 RCW, or the cost may be assessed against the owner of the property on which the vehicle is stored, unless it has been determined the property owner is not responsible as set forth in subsection E of this section. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 4, 1992. Formerly 10.06.040)
10.06.060 Exceptions.
The provisions of this chapter shall not apply under the following conditions:
A. If a junk vehicle, parts thereof, or automobile hulk is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
B. If a junk vehicle, parts thereof, or automobile hulk 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 now enacted or hereafter amended. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 6, 1992)
10.06.070 General duty.
None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 7, 1992)
10.06.080 Certain provisions superseded.
With respect to the types of vehicles described herein, the procedures set forth in this chapter shall supersede those described in Chapter 1.50. (Ord. 3853 § 1 (Exh. A), 2015; Ord. 3185 § 10, 1992. Formerly 10.06.100)