Chapter 4.30
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES
Sections:
4.30.030 Wrecked, dismantled or inoperative vehicles – Prohibited activity.
4.30.050 Determination of responsibility.
4.30.060 Abatement and removal authorized.
4.30.070 Costs of abatement and removal.
4.30.010 Purpose.
The purpose of this chapter is to establish procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles pursuant to Chapter 46.55 RCW. (Ord. O-13-534 § 4).
4.30.020 Certification.
Any police officer or the Director may inspect and certify that a vehicle is a “wrecked, dismantled or inoperative vehicle or an abandoned vehicle.” The certification shall be made in writing. (Ord. O-13-534 § 4).
4.30.030 Wrecked, dismantled or inoperative vehicles – Prohibited activity.
No person may park, store or abandon a wrecked, dismantled or inoperative vehicle, including an unlicensed or unregistered vehicle, or part thereof, on private property, except where the following conditions apply:
A. A vehicle or vehicle part is completely enclosed within a building in a lawful manner where it is not visible from the street or from other public or private property; or
B. A vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed auto repair business or licensed vehicle dealer and is fenced as required by RCW 46.80.130. (Ord. O-24-818 § 1; Ord. O-13-534 § 4).
4.30.040 Notice required.
A. Whenever a vehicle has been determined to be a wrecked, dismantled or inoperative vehicle or as an abandoned vehicle, the last registered vehicle owner of record and the landowner 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. If no hearing is requested within 10 days from the certified date of receipt of the notice, the vehicle shall be removed by the City.
B. If a request for hearing is received within 10 days, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or vehicles shall be mailed by certified mail, with five-day return receipt requested, to the landowner as shown on the last equalized assessment roll and to the last registered and legal owner of record of each vehicle unless the vehicle identification numbers are not available to determine ownership. (Ord. O-13-534 § 4).
4.30.050 Determination of responsibility.
A. The owner of the land on which the vehicle 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 vehicle on the land stating the reason for such denial. If it is determined by the hearing officer that the vehicle was placed on the land without consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located nor otherwise be collected from the landowner.
B. Nothing in this chapter shall relieve the landowner of any civil penalties which may accrue from any zoning code violation related to the improper placement, parking or storage of vehicles or parts thereof to which the landowner has consented or acquiesced.
C. In addition to a determination of responsibility as provided for in subsection (A) of this section, the Hearing Examiner shall receive and examine evidence on other relevant matters, including whether a public nuisance as defined in this chapter exists. The decision of the Hearing Examiner shall be final. (Ord. O-13-534 § 4).
4.30.060 Abatement and removal authorized.
The City may remove any abandoned, wrecked, dismantled or inoperative vehicle, automobile hulk or part thereof, after complying with the notice requirements of this chapter and any hearing, if requested. The proceeds of any such disposition shall be used to defray the costs of abatement and removal of any such a vehicle, including costs of administration and enforcement. Alternatively, the City may issue a notice of violation in accordance with Chapter 4.50 MVMC for violations of this chapter. (Ord. O-24-818 § 3; Ord. O-13-534 § 4).
4.30.070 Costs of abatement and removal.
A. The costs of abatement and removal of any such vehicle or remnant part, including costs of administration and enforcement, shall be collected from the last registered vehicle owner if the identity of such owner can be determined, unless such owner in the transfer of ownership thereof has complied with RCW 46.12.650.
If the vehicle owner cannot be established, the costs of abatement and enforcement shall be collected from the landowner on which the vehicle or remnant part is located, unless, consistent with MVMC 4.30.050(A), the landowner has shown in a hearing that the vehicle or remnant part was placed on such property without the landowner’s consent or acquiescence.
B. Costs of administration for the removal and disposal of vehicles or remnant parts may be recovered according to the lien and personal obligation provisions of this title. (Ord. O-13-534 § 4).