Chapter 8.04
AUTOMOBILE HULKS
Sections:
8.04.010 Storage on private property prohibited.
8.04.040 Landowner can deny responsibility at hearing.
8.04.060 Filing of lien for removal costs.
8.04.010 Storage on private property prohibited.
The storage or retention of an automobile hulk and/or abandoned vehicle on private property is declared to constitute a public nuisance subject to removal and impoundment. The police shall inspect and investigate complaints relative to automobile hulks and/or abandoned vehicles, or parts thereof on private property. Upon discovery of such nuisance, the police department shall give notice in writing to the last registered owner of record of the automobile hulk and/or abandoned vehicle and also to the property owner of record that a public hearing may be requested before the city council and that if no hearing is requested within ten days, the automobile hulk and/or abandoned vehicle will be removed. Costs of removal may be assessed against the last registered owner of the abandoned hulk and/or abandoned vehicle if the identity of such owner can be determined, or the costs may be assessed against the owner of the property on which the automobile hulk and/or abandoned vehicle is stored. (Ord. 454 § 1, 1987)
8.04.020 Hearing.
If a request for a hearing is received, a notice giving the time, location and date of such hearing on the question of removal and impoundment of the automobile hulk and/or abandoned vehicle or part thereof as a public nuisance shall be mailed, by certified or registered mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll of the county assessor and to the last registered and legal owner of record of the automobile hulk and/or abandoned vehicle unless the automobile hulk and/or abandoned vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 454 § 2, 1987)
8.04.030 Exceptions.
This chapter shall not apply to:
A. An automobile hulk, or part thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property; or
B. An automobile hulk, or part thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer fenced according to the provisions of RCW 46.80.130.
(Ord. 454 § 3, 1987)
8.04.040 Landowner can deny responsibility at hearing.
The owner of the land on which the automobile hulk and/or abandoned 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 automobile hulk and/or abandoned vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the automobile hulk and/or abandoned vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the city council shall not assess costs of administration or removal of the automobile hulk and/or abandoned vehicle against the property upon which the hulk is located or otherwise to collect such costs from the property owner. (Ord. 454 § 4, 1987)
8.04.050 Removal of vehicle.
After notice has been given of the intent of the city to dispose of the automobile hulk and/or abandoned vehicle and after a hearing, if requested, has been held, the automobile or park thereof shall be removed, at the request of a police officer, and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the department that the vehicle has been wrecked. (Ord. 454 § 5, 1987)
8.04.060 Filing of lien for removal costs.
The city shall within thirty (30) days after removal of an automobile hulk and/or abandoned vehicle from private property file or record with the county auditor to claim a lien for the cost of removal, which shall be in substance in accordance with the provisions covering mechanics’ liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. (Ord. 454 § 6, 1987)
8.04.070 Violation—Penalty.
Violation of the terms of this chapter shall constitute a civil infraction with a monetary penalty of not more than two hundred fifty dollars ($250.00). For the purposes of this chapter, each day that a person is found to be in violation constitutes a separate violation. (Ord. 98-571 § 3(G), 1998: Ord. 454 § 7, 1987)