Chapter 9.28
UNAUTHORIZED OR ABANDONED VEHICLES
Sections:
9.28.030 Abandoned vehicles – Nuisances.
9.28.010 Definitions.
(1) An “abandoned vehicle,” for the purpose of this chapter, means any vehicle left within the limits of the city on any highway or public street or upon the property of another without the consent of the owner of such property for a period of 24 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 the Puyallup police division and requests assistance.
(2) An “automobile hulk,” for the purpose of this chapter, means the remnant or remains of a 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 repairs. (Ord. 2149 § 1, 1987).
9.28.020 Storage – Unlawful.
It is unlawful for any person, natural or corporation, to place or keep an abandoned vehicle or an abandoned vehicle hulk, a discarded or junk automobile or portion thereof, upon any private or public property within the city or as owner, occupant, 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 such property unless:
(1) The vehicle or part thereof is completely enclosed where it is not visible from the street or other public or private property; or
(2) The vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed dealer, and the property is fenced according to the provisions of RCW 46.80.130. (Ord. 2149 § 1, 1987).
9.28.030 Abandoned vehicles – Nuisances.
The storage or retention of abandoned, wrecked, dismantled or inoperative vehicles or automobile hulks on any private property in the city is a public nuisance which shall be abated and removed in accordance with the provision of this section as hereinafter set forth:
(1) Cost of abatement and removal of such vehicle may be assessed against the 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 RCW 46.12.101, 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.
(2) Before the abatement or removal of such vehicle or automobile hulk, notice shall be given to the last registered owner thereof of record and 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 10 days, the vehicle or automobile hulk will be removed and abated and the costs thereof assessed in accordance with this section.
(3) 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 requested, to the owner of the real 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.
(4) 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 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 the landowner.
(5) After notice has been given of the intent of the city to dispose of a vehicle or vehicle hulk, the vehicle or abandoned hulk or parts thereof shall be removed from the private property by the chief of police or his agent and disposed of to a licensed auto wrecker or tow-truck operator with notice to the Washington State Patrol and Department of Motor Vehicles that the vehicle or abandoned hulk has been wrecked.
(6) The city may, within 30 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 Pierce 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 the lien may be foreclosed in the same manner as such lien; provided, that this section shall not apply to:
(a) A vehicle or part thereof which is completely enclosed to an extent 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, fenced according to the provisions of RCW 56.80.130.
(7) Abandoned Vehicles – Nuisance. In addition to any other penalty prescribed or remedy available, violation of any provision of this chapter shall constitute a Class I civil infraction as defined in Chapter 1.02 PMC. (Ord. 2391 § 1, 1994; Ord. 2149 § 1, 1987).