Chapter 9.47
OUTDOOR STORAGE OF JUNK AND NUISANCE VEHICLES
Sections:
9.47.040 Procedure for impound.
9.47.050 Procedure for abatement.
9.47.060 Penalty for violation—Nuisance.
9.47.010 Purpose.
The city of Mukilteo hereby finds and declares that the accumulation and storage of junk, junk vehicles and nuisance vehicles can create conditions which tend to:
A. Promote neighborhood and community blight and deterioration;
B. Reduce the value of land property;
C. Constitute an attractive nuisance creating a hazard to the health and safety of minors; and
D. Create a harborage for rodents and insects and that such accumulation and storage is generally injurious to the health, safety and welfare of the community.
The purpose of this chapter is to provide a method for the prevention and elimination of these conditions, thereby helping to preserve the beauty and quality of life for the citizenry of the city of Mukilteo. (Ord. 1056 § 1 (part), 2002)
9.47.020 Definitions.
As used in this chapter, the following definitions have the meanings set forth below:
“Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for one hundred twenty consecutive hours.
“Commercial/industrial area” means and includes all areas of the city zoned for commercial or industrial uses.
“Commercial vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, and government owned or leased vehicles, that is operated and registered in more than one jurisdiction and is used or maintained for the transportation of persons for hire, compensation, or profit, or is designed, used, or maintained primarily for the transportation of property and:
1. Is a motor vehicle having a declared gross weight in excess of twenty-six thousand pounds; or
2. Is a motor vehicle having three or more axles with a declared gross weight in excess of twelve thousand pounds; or
3. Is a motor vehicle, trailer, pole trailer, or semitrailer used in combination when the gross weight or declared gross weight of the combination exceeds twenty-six thousand pounds combined gross weight. Commercial vehicles include trucks, tractors, truck tractors, road tractors, buses, trailers, pole trailers, and semitrailers.
“Enforcement authority” means any general law enforcement officer, code enforcement officer, or any person with a limited law enforcement commission to enforce the provisions of this chapter.
“Junk” means and includes any and all used appliances, furniture, parts, metal, glass, paper, wood, plastic or other waste of nominal or no monetary value, or of a value equal only to the value of the scrap in it.
“Junk vehicle” shall mean a vehicle that substantially meets three of the following requirements:
1. Is three years old, or older;
2. Is extensively damaged such damage includes, but is not limited to, any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission;
3. Is apparently inoperable; or
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
“Nuisance vehicle” means and includes any car, truck, motorcycle, boat, trailer, recreational vehicle (RV), self-propelled construction equipment or heavy machinery, or any other motorized or nonmotorized means of conveyance, or any part thereof, and which either:
1. Meets any three of the following criteria:
a. Is three years old or older;
b. 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;
c. Is apparently inoperable;
d. Has an approximate fair market value equal only to the approximate value of the scrap in it; or
2. Meets any one of the criteria set forth in subsection (1) of this definition and is not validly licensed and/or registered under the laws of the state of Washington.
“Recreational vehicle” means travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, horse trailers, boat trailers with or without boats, and utility trailers.
“Residential area” means and includes all areas of the city zoned for single-family or multifamily residential uses.
“Unauthorized vehicle” shall have the meaning set forth in RCW 46.55.010, and includes any part of such vehicle. (Ord. 1056 § 1 (part), 2002)
9.47.030 Parking and storage.
The city of Mukilteo shall regulate parking and storage of vehicles and junk as follows:
A. Junk and Junk Vehicles. It is unlawful for any person to keep, store, or park or permit any other person to keep, store or park any abandoned vehicle, junk vehicle, or junk upon any privately owned property in the city of Mukilteo unless it is at all times stored or parked within a fully enclosed building.
B. Nuisance Vehicles. Nuisance vehicles may be stored or parked in the city provided the following conditions are met:
1. Nuisance vehicles shall not intrude into the public right-of-way, alley, or obstruct the sight distance visibility from adjacent driveways, private roads, or public rights-of-way.
2. Nuisance vehicles shall not be parked in the front yard area (the space between the front lot line and the front facade of the building). They may be parked in the side or backyard area if located behind a sight obscuring fence or hedge. Fences and hedges are regulated by the zoning code contained in Mukilteo Municipal Code Title 17.
C. Commercial Vehicles. Parking of commercial vehicles as defined in this chapter is prohibited in all single-family and multifamily residential zoning districts, except for those commercial vehicles which are parked while temporarily providing a service or making a delivery to a property.
D. Public Rights-of-Way. It is unlawful for any person to keep, store, or park or permit any other person to keep, store, or park any abandoned vehicle, junk vehicle, nuisance vehicle or junk upon any public street within the city for more than twenty-four hours. (Ord. 1056 § 1 (part), 2002)
9.47.040 Procedure for impound.
Whenever the enforcement authority discovers an apparently unauthorized vehicle left within a public street, the enforcement authority shall follow the procedures and requirements of RCW 46.55.085. (Ord. 1056 § 1 (part), 2002)
9.47.050 Procedure for abatement.
In order for the city to pursue abatement of any junk vehicle as a public nuisance, the city must complete the following:
A. The enforcement authority must send notice to the registered owner of record and to the property owner of record that a hearing may be requested and that if no hearing is requested, the vehicle will be subject to removal.
B. If a request for a hearing is received by the city, a notice giving 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 shall be mailed, by certified mail, with a five-day return receipt requested to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.
C. This section shall not apply to any 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 or 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 licensed vehicle dealer and is fenced according to RCW 46.80.130.
D. The owner of the land 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 along with his 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 has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the owner of the property. The costs of administration and removal shall be assessed against the last registered owner of the vehicle and may be assessed against the landowner if the vehicle was placed on the land with the landowner’s consent or if the landowner has subsequently acquiesced to the presence of the vehicle.
E. After notice has been given of the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed by a registered disposer at the request of the enforcement authority with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.
F. The hearing required by this section may, at the enforcement authority’s option, be conducted by the city hearing examiner. (Ord. 1056 § 1 (part), 2002)
9.47.060 Penalty for violation—Nuisance.
Violations of this chapter shall be subject to the civil infraction penalties outlined in Mukilteo Municipal Code Chapter 1.32, General Penalties. The first violation shall constitute a Class III civil infraction, the second offense shall constitute a Class II civil infraction, and the third and each violation thereafter within a one-year period shall be classified as a Class I civil infraction. In addition to the penalties provided in this section, the enforcement authority may, after proper written notification, impound any abandoned vehicle, unauthorized vehicle or junk vehicle by following the procedures for impounding of such vehicles set forth in Chapter 46.55 RCW and Section 9.47.040. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto. (Ord. 1083 § 14, 2003: Ord. 1056 § 1 (part), 2002)