Chapter 10.16 ABANDONED VEHICLES

A. “Abandoned vehicle” means any vehicle left within the limits of the city on any highway or public street, or left upon the property of another without consent of the owner of such property for a period of twenty-four 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 it is located and so notifies the police department and requests assistance.

B. “Abandoned vehicle” may also mean a vehicle that a registered tow truck operator has impounded and held in his possession for ninety-six consecutive hours. (Ord. 1406 § 1 (part), 1988: Ord. 867 § 1.1, 1973).

10.16.020 Vehicle hulk.

“Vehicle hulk” shall mean the remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of parts or mechanisms and the application of a substantial amount of labor to effect repairs. (Ord. 1406 § 1 (part), 1988: Ord. 867 § 1.2, 1973).

10.16.030 Vehicle, junk.

“Junk vehicle” means a motor vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:

A. Is three years old or older;

B. Is extensively damaged, such damage including but not limited to all of the following: A broken window or windshield or missing wheels, tires, motor or transmission;

C. Is apparently inoperable;

D. Has a fair market value equal only to the value of the scrap in it. (Ord. 1714 § 1, 1994: Ord. 1406 § 1 (part), 1988: Ord. 867 § 1.3, 1973).

II. STORAGE

10.16.040 Prohibited—Exceptions.

It is unlawful for any person, natural or corporate, to place or keep an abandoned vehicle, abandoned automobile hulk or abandoned junk motor vehicle, or any portion thereof, upon any private or public property within the city, or as owner, occupier, or party in control of any real property within the city to permit or allow any such automobile or portion thereof to be placed or kept upon said property unless:

A. The vehicle or part thereof is completely enclosed within a building where it is not visible from the street or other public or private property; or

B. The vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business as a licensed dismantler or licensed dealer, fenced according to the provisions of RCW 56.80.130. (Ord. 867 § 2.1, 1973).

III. ABATEMENT

10.16.050 Abatement required when deemed nuisance.

The storage or retention of abandoned, wrecked, dismantled or inoperative, or vehicle hulks or parts thereof, or junk vehicles, upon any private property in the city is declared to be a public nuisance which shall be abated and removed in accordance with the provisions of this chapter hereinafter in Sections 10.16.060 through 10.16.120 set forth, unless:

A. The vehicle or part thereof is completely enclosed in a building in a lawful manner where it is not visible from the street or other public or private property;

B. The vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business as a licensed dismantler or licensed dealer, and is fenced according to the provisions of RCW 46.80.130. (Ord. 1406 § 1 (part), 1988: Ord. 867 § 3.1 (part), 1973).

10.16.060 Cost assessment—Lien when.

Cost of abatement and removal of such vehicle may be assessed against the last registered owner of the vehicle or automobile hulk if the identity of such owner can be determined unless such owner in the transfer of such vehicle or automobile hulk has complied with Section 46.12.101 RCW or the costs may be assessed against the owner of the real property on which the vehicle is stored and shall constitute a lien thereon. (Ord. 867 § 3.1(a), 1973).

10.16.070 Notice of public hearing required.

Before the abatement or removal of such vehicle or automobile hulk, notice shall be given to the last registered owner thereof of record and the real property owner of record that a public hearing may be requested before the city council of the city, and if no hearing is requested within ten days, the vehicle or automobile hulk will be removed and abated and the costs thereof assessed in accordance with this chapter. (Ord. 867 § 3.1(b), 1973).

10.16.080 Hearing—Notice required.

If a request for hearing is received by the city, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle or automobile hulk as a public nuisance shall be mailed by certified or registered mail, with a five-day return receipt requested, to the owner of the rea1 property as shown on the last equalized assessment roll and to the last registered and legal owner of record of such motor vehicle or hulk, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 1714 § 2, 1994: Ord. 867 § 3.1(c), 1973).

10.16.090 Hearing—Procedure.

The applicant for hearing may appear in person at such 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 his reasons for such denial. If it is determined at the hearing that the vehicle or automobile hulk was placed on the land without the consent of the land owner, and that he has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle or automobile hulk against the real property upon which the vehicle is located or otherwise attempt to collect such costs from said land owner. (Ord. 867 § 3.1 (d), 1973).

10.16.100 Removal and disposal—Notice required.

After notice has been given of the intention of the city to dispose of a vehicle, and after a hearing, if requested, has been held, the said vehicle or parts thereof shall be removed from the private property at the request of a law enforcement officer and disposed of to a licensed auto wrecker tow truck operator with notice to the Washington State Patrol and the Department of Licensing. (Ord. 1406 § 1 (part), 1988: Ord. 867 § 3.1(e), 1973).

10.16.110 Lien for costs—Filing—Effect.

The city may within thirty days after the removal by the chief of police of an abandoned, wrecked, dismantled or inoperative automotive vehicle from real property, file for recording with the Benton County auditor a claim for lien for the costs of removal, which shall be in substance in accordance with provisions covering mechanic’s liens in Chapter 60.04 RCW, and said lien may be foreclosed in the same manner as such lien. (Ord. 867 § 3.1(f), 1973).

10.16.120 Exemptions to applicability.

Sections 10.16.050 through 10.16.110 shall not apply to:

A. 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

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business as a licensed dismantler or a licensed dealer, and upon the premises and at the established places of business designated in the certificate issued by the Director of Motor Vehicles of the state of Washington, and which property is fenced, under the provisions of RCW 46.80.130. (Ord. 867 § 3.1 (part), 1973).

10.16.130 Disposal site.

Should the city council of the city find and determine by resolution that commercial channels having final disposition of such vehicles or vehicle hulks, or parts thereof, are not available or are not adequate, the city may operate a disposal site, and the city may make final disposition of such vehicles or vehicle hulks or parts, or transfer such vehicle or vehicle hulks or parts to another governmental body provided disposition be only as scrap. (Ord. 867 § 3.2, 1973).

10.16.140 Authorization to dispose to be used when.

If a proper title to an abandoned junk motor vehicle is not available and is impossible to be obtained, it may be disposed of through the use of an Authorization to Dispose obtained from a local enforcement officer, under the laws of the state of Washington, Laws of 1971, Ex. Sess., Ch. 111, § 1(l). (Ord. 867 § 4.1, 1973).

IV. PENALTY

10.16.150 Violation—Penalty.

Any person, firm, or corporation violating any provision of this chapter or leaving an abandoned vehicle, abandoned automobile hulk, or abandoned junk motor vehicle upon any highway or public street or upon the property of another without the consent of the owner, or any owner of property leaving upon his property or upon any highway or public street any abandoned vehicle, abandoned automobile hulk or abandoned junk motor vehicle, is guilty of a misdemeanor, and shall be punishable as set forth in Section 1.28.010 of this code. (Ord. 917 § 2(c) (part), 1974; Ord. 867 § 5.1, 1973).

10.16.160 Statutes adoption.

The following statutes are each adopted by reference:

A. RCW Chapter 46.52;

B. RCW Chapter 46.55.

(Ord. 1406 § 1 (part), 1988: Ord. 1132 § 1, 1979).