Chapter 8.16
ABANDONED VEHICLES
Sections:
8.16.060 Unlawful to abandon junk motor vehicles.
8.16.080 Abandoned and junked motor vehicles – Statutes adopted by reference.
8.16.010 Definitions.
As used in this chapter:
A. “Abandoned automobile hulk” means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repair.
B. “Abandoned vehicle” means any vehicle left within the limits of any public street or alley of the city for a period of 48 hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
C. “Junk vehicle” means any vehicle meeting at least three of the following requirements:
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. 1079 § 1, 2007; Ord. 394 §§ 1, 2, 1970)
8.16.020 Impound authorized.
The code enforcement officer is authorized to impound in the custody of any tow truck operator located in the county and approved by the Director of the Department of Motor Vehicles of the State of Washington for the purpose of disposing of any such abandoned vehicle or abandoned vehicle hulk or junk vehicle found upon any public street, highway or alley of the city. (Ord. 1079 § 1, 2007; Ord. 394 § 3, 1970)
8.16.030 Abatement and removal of unauthorized junk motor vehicles or parts thereof from private property.
A. The storage or retention of two or more junk motor vehicles, as defined in RCW 46.55.010 and OMC 8.30.020, on private property that is visible from any street or other public property is declared to constitute a public nuisance subject to removal and impoundment. The code enforcement officer shall inspect and investigate complaints relative to unauthorized junk motor vehicles, or parts thereof, on private property.
B. Upon discovery of such nuisance, the code enforcement officer shall give notice in writing to the last registered owner of record and property owner of record to abate the nuisance or face civil penalties or removal of said vehicle. The notice shall inform the last registered owner of record of the vehicle and the property owner of record that they may file an appeal consistent with the conditions set forth in Chapter 8.30 OMC, Public Nuisances.
C. Continuing Duty to Correct. Payment of a civil penalty pursuant to this chapter does not relieve a person of the duty to abate the declared nuisance that was ordered by the code enforcement officer.
D. Costs of removal of vehicles or parts thereof 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 or automobile hulk has complied with RCW 46.12.101 (Transfer of ownership), or the costs may be assessed against the owner of the property on which the vehicle is stored in any case where vehicle ownership cannot be determined.
E. The owner of the land on which the vehicle is located may appear in person or present a written statement in time for consideration at an administrative hearing, and deny responsibility for the presence of the vehicle on the land, 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 subsequent to purchase of said property and that he has not subsequently acquiesced in its presence, then the local agency 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 cost from the owner per RCW 46.55.240.
F. This section shall not apply to:
1. A vehicle or part thereof that is enclosed within a building or obscured from view in a lawful manner, where it is not visible from the street or other public or private property; or
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 licensed vehicle dealer according to RCW 46.80.130 where such premises are fenced. (Ord. 1079 § 1, 2007)
8.16.040 Disposal.
A. Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any person authorized by the city shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the parts.
B. Notice shall be provided to the owner of the vehicle, if ownership can be determined, and to the owner of the property upon which the vehicle was found. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120 and OMC 8.30.030.
C. If the vehicle remains unclaimed more than 15 days after mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document. Any vehicle impounded and left unclaimed for a period in excess of 15 days may be disposed of in the manner provided under state law.
D. If no information on the vehicle’s registered and legal owner is found in the records of the Department, the sheriff may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.
E. Junk vehicles or parts thereof found to constitute a public nuisance per OMC 8.30.020 shall be abated in accordance with the provisions of that chapter. (Ord. 1079 § 1, 2007; Ord. 394 § 4, 1970. Formerly 8.16.030)
8.16.050 Lien.
The city of Okanogan shall, within 30 days after removal of a junk vehicle or vehicles from private property, file for record with the county auditor to claim a lien for the cost of removal which shall be substantially in compliance with the provisions covering mechanics’ liens as set forth in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as set forth in Chapter 60.04 RCW. (Ord. 1079 § 1, 2007)
8.16.060 Unlawful to abandon junk motor vehicles.
No person shall willfully leave a junk motor vehicle on private property for more than 48 hours without the permission of the person having the right to possession of the property, or upon or within the right-of-way of any highway or other property open to the public for purposes of vehicular travel or parking for 48 hours or longer without notification to the county sheriff’s office of the reasons for leaving the motor vehicle in such a place.
For the purposes of this section, the fact that the motor vehicle has been so left without permission or notification is prima facie evidence of abandonment. Any person convicted of violating this chapter shall be assessed any and all costs incurred by the city in disposing of such vehicle. (Ord. 1079 § 1, 2007)
8.16.070 Penalties.
Any person violating any provision of this chapter shall be guilty of an infraction and shall be punished by a maximum penalty of $500.00, as provided by OMC 8.30.060, together with costs incurred by the city of Okanogan in removing and/or disposing of said vehicle. (Ord. 1079 § 1, 2007)
8.16.080 Abandoned and junked motor vehicles – Statutes adopted by reference.
The following statutes of the state of Washington, including all future amendments thereto, are hereby adopted by reference:
A. Chapter 46.55 RCW, Towing and Impoundment.
B. Chapter 60.04 RCW, Mechanics’ and Materialmen’s Liens. (Ord. 1079 § 1, 2007; Ord. 394 § 5, 1970. Formerly 8.16.040)
8.16.090 Severability.
If any section, subsection, clause or phrase or word of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. (Ord. 1079 § 1, 2007)