Chapter 9.56
Abandoned Vehicles
Sections:
9.56.010 Statutes adopted--Violation and penalty.
9.56.020 Nuisance--Defined--Notice--Hearing--Removal.
9.56.010 Statutes adopted--Violation and penalty.
(a) Pursuant to the provisions of R.C.W. 46.55.240, the following statutes, as now existing or hereafter amended, copies of which are on file in the office of the clerk-controller, regulating the impoundment and disposition of abandoned vehicles are adopted by reference as and for the city of Montesano as if set forth in full herein, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this section as set forth in subsection (b): RCW 46.55.010; RCW 46.55.070; RCW 46.55.080; RCW 46.55.085; RCW 46.55.090; RCW 46.55.100; RCW 46.55.110; RCW 46.55.113; RCW 46.55.120; RCW 46.55.130; RCW 46.55.140; and RCW 46.55.230.
(b) Any person who is convicted of violating or failing to comply with any of the provisions of this section shall be punished as provided by Section 1.08.030. (Ord. 1292 §1, 1989).
9.56.020 Nuisance--Defined--Notice--Hearing--Removal.
Any unauthorized or abandoned junk vehicle or parts thereof located upon private property, unless otherwise excluded by the provisions of this chapter, is found to be a public nuisance. It shall be subject to removal and the responsible party subject to the costs related thereto as provided in the following provisions of this section:
(a) The responsibility for enforcing the provisions of this section shall rest with the police department or the building official.
(b) Upon the determination by the responsible official that the placement of a vehicle or parts thereof constitutes a violation of this section, written notice shall be given to the last registered owner of record of the vehicle, if known or reasonably determinable, and the property owner of record. This notice shall indicate that a hearing to determine the issues of responsibility may be requested and, if no hearing is requested, the vehicle or parts thereof will be removed and the costs related to the removal and disposal thereof assessed against the registered owner or property owner. The notice to these parties shall indicate that the hearing will be for the purpose of determining the issues of whether or not it is in fact a public nuisance and those relating to the abatement or removal of the vehicle or parts thereof as a public nuisance if it is so determined. The notice shall indicate the written request for a hearing must be received by the chief of police within ten days of the date of the mailing of the notice. If no such request is received, the hearing will be deemed waived. The notification shall further include an indication that it is the intent of the city to dispose of the vehicle or part thereof in the event that no hearing is requested or after the hearing, if one is in fact requested, and that the removal shall be done at the request of the police department with notification to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked. This notification shall be sent by certified mail, return receipt requested, to the last known addresses of the respective parties.
(c) If the request for a hearing is received pursuant to the notification forwarded pursuant to the provisions of subsection (b) of this section, the hearing shall be before the chief of police as the administrative hearing officer. Upon receipt of the request for a hearing, the chief shall cause notice to be sent to the party or parties requesting the hearing, giving the time, location, and date of hearing on the question of the abatement and removal of the vehicle or part thereof as a public nuisance. This notice shall be mailed by certified mail, with a five-day return receipt requested. Notification shall be sent to the owner of record of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle unless such vehicle is in such condition that identification numbers are not available to determine ownership.
(d) At the hearing called pursuant to subsection (c), either the owner of the land or the owner of the vehicle may appear in person or present a written statement in time for consideration at the hearing to submit such information as may be deemed reasonably relevant to the issue or issues at hand, including but not limited to the denial of responsibility for the presence of the vehicle or parts thereof on the land and the reasons for this denial. In the event it is determined by the hearing officer that the vehicle was in fact placed on the land without the consent of the land owner and the land owner has not subsequently acquiesced in its presence then the cost of administration, removal, or disposal of the vehicle shall not be assessed against the property upon which the vehicle or parts thereof are located nor shall there otherwise be an attempt to collect the cost from the owner.
(e) The provisions of this section shall not apply to the following:
(1) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
(2) 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 dismantler or a licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130;
(3) A vehicle or a part thereof that is stored in the manner in compliance with the provisions of the zoning code of the city. (Ord. 1292 §2, 1989).