Chapter 10.28
NUISANCE VEHICLES
Sections:
10.28.020 Junk vehicle defined.
10.28.030 Junk vehicles prohibited.
10.28.040 Junk vehicle nuisance declared.
10.28.110 Abandoned junk vehicle – Penalty.
10.28.010 Purpose.
The purpose of this chapter is to preserve the character, order and safety of the city’s neighborhoods and parks by eliminating nuisances, junk vehicles from private and public property and to provide the procedures for the removal of junk vehicles as authorized by RCW 46.55.240. (Ord. 1277 § 2, 2001; Ord. 778 § 1, 1987).
10.28.020 Junk vehicle defined.
“Junk vehicle” is defined as any vehicle meeting any three of the following criteria:
(1) Is three years 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. 1277 § 3, 2001; Ord. 778 § 2, 1987).
10.28.030 Junk vehicles prohibited.
It is unlawful for any person, association, partnership or corporation to permit the storage or abandonment of any junk vehicle, wrecked, dismantled or inoperative vehicle or automobile hulk or part thereof on any property, except as provided in OHMC 10.28.090. (Ord. 1277 § 4, 2001; Ord. 778 § 3, 1987).
10.28.040 Junk vehicle nuisance declared.
The storage or placement of any junk vehicle parts, wrecked, dismantled or inoperative vehicles or any parts of a vehicle on any property is declared to be a public nuisance and subject to abatement; and such is subject to abatement by removal from private property or public property. (Ord. 1277 § 5, 2001; Ord. 778 § 4, 1987).
10.28.050 Notice of nuisance.
(1) Prior to seeking abatement of a public nuisance, the chief of police, or his/her designee, shall cause notice to be delivered or sent to the last registered owner of record of the alleged junk vehicle and the property owner that the vehicle(s), subject of the abatement, is deemed to be a nuisance. The notice shall be by personal delivery or by certified mail, return receipt requested.
(2) Such notice shall include the following:
(a) A description of the nuisance vehicle(s);
(b) The street address or description of the property upon which it is located;
(c) That the junk vehicle(s) are to be the subject of abatement proceedings;
(d) That the registered owner of record or the property owner may request a hearing before the city council on the issue of abatement;
(e) That if no hearing is requested within 10 days of mailing the notice or delivery of the notice, the vehicle will be removed at the cost of the registered owner or, alternatively, the property owner.
If an emergency, health or safety hazard is deemed to exist, the police chief may shorten the time limit for requesting a hearing to as short as 24 hours. (Ord. 1277 § 6, 2001; Ord. 778 § 5, 1987).
10.28.060 Hearings.
(1) If a hearing is requested, a notice shall be issued 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.
(2) The notice shall also include the provision that 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, with reasons for the denial.
(3) Said notice shall be mailed by certified mail, return receipt requested, to the owner of the land as shown on the last update of the assessor’s records for the land which the alleged junk vehicle is on and to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership. Certified mail will be presumed delivered by the end of the fifth day after mailing.
(4) The hearing shall be held by the city council.
(5) At the hearing, it shall be determined if the vehicle is a junk vehicle or part thereof as defined by law and who shall pay costs for removal, if so determined.
(6) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the costs for the administration or removal of the vehicle shall not be assessed against the landowner. (Ord. 1302 § 1, 2002; Ord. 1277 § 7, 2001; Ord. 778 § 6, 1987).
10.28.070 Removal – Cost.
Unless otherwise required by law or equity, the cost of removal and impoundment shall be assessed against the last registered owner of the nuisance vehicle, if the identity of such owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, as now in effect or hereafter amended, or, alternatively, the costs shall be assessed against the owner of the property on which the vehicle is stored. (Ord. 1277 § 8, 2001; Ord. 778 § 7, 1987).
10.28.080 Removal.
After the junk vehicle or part thereof is determined to be a nuisance or unlawfully placed on private property in the city of Oak Harbor and proper notice has been given pursuant to this chapter and after a hearing has been held, if a hearing has been requested and it has been determined that vehicle or part thereof is a junk vehicle, the vehicle may, upon order, be removed under the direction of the chief of police, or his/her designee, and disposed of in accordance with applicable state laws by a licensed automobile wrecker. Notice of the disposal shall be sent to the Washington State Patrol and the Department of Licensing as per the requirements of state law. (Ord. 1277 § 9, 2001).
10.28.090 Exemptions.
The provisions of this chapter shall not apply to:
(1) A vehicle or part thereof which 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
(2) A vehicle stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and fenced according to RCW 46.80.130; or
(3) A vehicle held for repair not to exceed 60 days by a licensed garage on property zoned and lawfully used for that purpose. (Ord. 1277 § 10, 2001; Ord. 778 § 9, 1987).
10.28.100 Construction.
(1) Nothing herein shall be construed as limiting the use of other applicable state laws or city ordinances for abatement of a nuisance involving motor vehicles.
(2) Nothing herein shall be construed as permitting an activity otherwise prohibited by law or ordinance.
(3) The intent of the city council in passing the ordinance codified in this chapter is to comply with constitutional requirements. Thus, if two or more interpretations of a provision are possible, one or more of which is constitutional and one or more of which is not, the constitutionally valid interpretation shall be chosen. (Ord. 1277 § 11, 2001).
10.28.110 Abandoned junk vehicle – Penalty.
It is a gross misdemeanor for a person to abandon a junk vehicle on property, punishable by a maximum sentence of one year in jail or a $5,000 fine or both such jail time and fine. If a junk vehicle is abandoned, the registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to Oak Harbor police department for investigating the incident. (Ord. 1277 § 12, 2001).