CHAPTER 10.77
JUNK VEHICLES
Sections:
10.77.010 Authority and purpose.
10.77.010 Authority and purpose.
A. RCW Chapter 46.55 and RCW 46.55.240, as now enacted or hereafter amended, provide the authority for the City to adopt laws relating to the removal of junk vehicles, parts thereof and automobile hulks. It is the intent of the City that the greatest possible powers be granted to the City and its Police Officers and building official to facilitate the removal of junk vehicles from private property within the City. The Mayor may designate one or more Enforcement Officials to enforce the terms of this chapter in addition to the officers of the Police Department and the building official who are designated as Enforcement Officials for the purposes of this chapter and the statutes of the state of Washington which address the same subject matter.
B. The keeping of junk vehicles or parts thereof or automobile hulks on public or private property within the corporate limits of the City is declared to be a public nuisance, except as provided for in this chapter. Such public nuisance may be abated as provided for in this chapter. (Ord 701 §2, 1986)
10.77.020 Summary removal procedures.
A. Upon discovery of a junk vehicle, parts thereof, or automobile hulk as defined in RCW Chapter 46.55, as now enacted or hereafter amended, the Enforcement Official may contact the landowner, as defined in RCW Chapter 46.55 as now enacted or hereafter amended, where the junk vehicle, parts thereof or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. If the landowner claims no ownership or bailment interest, the Enforcement Official shall have the landowner execute a statement to that effect under penalty of perjury.
B. If the landowner claims an ownership interest or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk located upon his property, the Enforcement Official may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided in Section 10.77.030 of this chapter.
C. Upon execution by the landowner of the statement of no ownership or bailment interest in the junk vehicle, parts thereof, or automobile hulk, the Enforcement Official shall cause a notification (junk vehicle) form to be mailed to the vehicle’s registered legal owner of record by certified mail. Additionally, the notification shall inform the owner of the City’s intent to dispose of the junk vehicle, parts thereof or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than fifteen days after the junk vehicle notification form was mailed, the Enforcement Official may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
D. If no information on the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership or bailment interest, the Enforcement Official may place a legal notice of custody and sale in the official newspaper of the City. This notice shall comply with RCW 46.55.230(5), as now enacted or hereafter amended, and shall additionally inform the owner of the City’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than twenty days after publication of the notice, the Enforcement Official may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord 701 §2, 1986)
10.77.030 Nuisance abatement procedures.
A. If a landowner claims an ownership interest or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk, located on his property, upon contact by the Enforcement Official as provided in Section 10.77.020 (B) of this chapter, the matter shall be referred to the building official for possible further action.
B. The Enforcement Official may inform any landowner keeping a junk vehicle, parts thereof, or automobile hulk within the City, in any zone, that such vehicle is a public nuisance and such nuisance must be abated by the landowner within fifteen days or the City will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the landowner’s property and the costs of such removal including administration costs shall be charged against the landowner and/or the last registered owner of the automobile hulk, junk vehicle or parts thereof, unless the owner, in the transfer of ownership of the vehicle or automobile hulk, has complied with RCW 46.12.101. This notice and warning shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the property owner of record by certified mail, with a five-day return receipt requested. Such notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the City’s proposed removal of the junk vehicle, parts thereof, or automobile hulk.
C. Such notice shall be in substantially the following form:
JUNK VEHICLE, PARTS THEREOF, OR AUTOMOBILE HULK REMOVAL NOTICE
A junk vehicle(s), parts thereof, or automobile hunk(s) described as:
has been discovered by the City located at __________ street address), described as __________ (legal) within the City which is shown by public record to be the property of __________, the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as:
____________________________________________________________________________________________________________________________________
All of you are informed such junk vehicle(s,), parts thereof, or automobile hulk(s) is a public nuisance and unless such nuisance is abated as provided by Quincy Municipal Code Chapter 10.77, the City will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen (15) days after the date of this notice. Cost of such removal, including administrative costs, will be charged against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the landowner.
You may request a hearing before the Judge of the Municipal Department of the District Court to contest the City’s determination that your junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and the abatement thereof, or that you are legally responsible for the junk vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one of you must notify the City, Enforcement Official, in writing at the address below, within ten (10) days of the date of this notice. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will by removed by the City and the costs thereof, including administrative costs, shall be assessed against all or any one of you.
Enforcement Official
City of Quincy
P.O. Box 338
Quincy, WA 98848
D. If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk or the landowner requests a hearing to contest the City’s determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance and the abatement thereof, or that either or both the registered owner and landowner is legally responsible for the junk vehicle, parts thereof, or automobile hulk, such hearing shall be conducted after a written notice of the date, time and place of such hearing is mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such hearing shall be held within thirty days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing except pursuant to a court order. The landowner may appear in person at such hearing or present a written statement in time for consideration at such hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial.
E. After the expiration of the fifteen days provided for in the notice to the registered owner and landowner above, if no hearing has been requested, or after a hearing, if requested, the Enforcement Official may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and all the costs of such removal including administrative costs shall be taxed against the registered owner and/or landowner jointly and severally.
F. The provisions of this chapter shall not apply under the following conditions:
1. If a vehicle or part thereof 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. If a 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 vehicle dealer and is fenced according to RCW 46.80.130. (Ord 701 §2, 1986)