Chapter 8.30
AUTOMOBILE HULKS
Sections:
8.30.010 Storage of automobile hulks a public nuisance – When.
8.30.010 Storage of automobile hulks a public nuisance – When.
A. The storage or retention of an automobile hulk, whether abandoned or not, on private property shall constitute an infraction and shall constitute a public nuisance subject to removal unless it is completely enclosed within a building or within a sight-obscuring fence in a lawful manner where it is not visible from a street or other public or private property, or is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or licensed repair shop fenced according to the provisions of RCW 46.80.130. An “automobile hulk” shall include a vehicle or portion thereof that meets all of the following requirements:
1. Is at least five years old;
2. Is extensively damaged; such damage including, but not limited to: (a) missing one or more major component motor, transmission or body part; (b) cannot be made an operative vehicle without a substantial amount of labor to make repairs;
3. Has a fair market value equal only to the value of the scrap or parts in it;
4. Has been the subject of complaints; and
5. Is legally or mechanically inoperative. “Inoperative” is defined as unable to be driven legally or practically without the extensive addition of accessories or parts.
A vehicle is not a hulk for purposes of this chapter if it is:
1. A collectible, classic, antique or vintage vehicle in the process of restoration or awaiting restoration within a building or a sight-obscuring fence where it is not visible from a street or other public or private property;
2. A vehicle whose value exceeds the value of its original purchase price; or
3. A vehicle open to public view as a display or clearly marked for sale by a private party. Such sale is to be completed in a timely manner and does not constitute a right to use property as a permanent sale site or license to become such a site.
B. The chief of police or his designee shall inspect and investigate complaints relative to automobile hulks or parts thereof on private property. Upon discovery of such nuisance, the police department shall issue a notice of infraction to the last registered owner of record of the automobile hulk and also to the property owner of record that a contested hearing may be requested before the Roslyn municipal court, and that if no hearing is requested within 10 days, the automobile hulk will be removed. Costs of removal may be assessed against the last registered owner of the automobile hulk 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 is stored.
C. 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 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 and to the legal owner of record of the automobile hulk unless the automobile hulk is in such condition that identification numbers are not available to determine ownership.
D. The owner of the land on which the automobile hulk 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 hulk on the land, with his or her reasons for such denial. If it is determined at the hearing that the hulk was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the court shall not assess costs of administration or removal of the hulk against the property upon which the hulk is located or otherwise attempt to collect such cost from the property owner.
E. After notice has been given of the intent of the city to dispose of the automobile hulk and after a hearing, if requested, has been held, the automobile hulk or part 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 automobile hulk has been wrecked. Any automobile hulk impounded pursuant to this section shall be processed in the manner prescribed by RCW 46.55.010 et seq. and other pertinent provisions adopted in the Washington Model Traffic Ordinance, Chapter 46.90 RCW and Chapter 308-330 WAC.
F. The city may, after removal of an automobile hulk from private property, file for record with the county auditor to claim a lien for the cost of removal, which shall be in substance in accordance with the provision covering mechanics’ liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. [Ord. 770 § 1, 1994; Ord. 637 § 1, 1988.]
8.30.020 Abandoned vehicle hulks on public property or abandoned vehicles on either public or private property – Procedure for abatement.
Pursuant to RCW 46.90.300 and 46.55.010 et seq., as amended by Chapter 311, Laws of 1987, the following procedures are hereby established for the abatement and removal of abandoned vehicle hulks on public property and for the abatement and removal of abandoned vehicles on either public or private property:
A. The leaving of an abandoned motor vehicle hulk upon public property or upon the property of another without the consent of the owner of such property for a period of 24 hours or longer shall constitute a public nuisance subject to abatement, removal and monetary penalties unless 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.
B. A law enforcement official discovering an apparently abandoned vehicle or abandoned vehicle hulk shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
1. The date and time the sticker was attached;
2. The identity of the officer;
3. A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and
4. The address and telephone number where additional information may be obtained.
C. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
D. If the vehicle or hulk is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle or hulk and provide for the vehicle or hulk’s removal to a place of safety. For the purpose of this section, a place of safety includes the business location of a registered disposer.
E. When a vehicle or hulk is impounded pursuant to subsection D of this section or RCW 46.61.565, the Roslyn police department shall, within 24 hours after the impoundment, mail notification of the impoundment to the last registered owner and the legal owner of the vehicle as shown on the records of the Department of Licensing or as otherwise reasonably ascertainable. The notification shall contain a certificate of mailing and shall inform the registered owner of the impoundment, redemption procedures, and opportunity for a hearing to contest the basis for the impoundment. The notice need not be mailed if the vehicle is redeemed prior to the mailing of the notice or if the registered owner and the legal owner are not reasonably ascertainable.
F. Upon impoundment of a vehicle pursuant to this section, the law enforcement officer shall also provide the registered disposer with the name and address of the last registered owner and legal owner of the vehicle as may be shown by the records of the department or as otherwise reasonably ascertainable.
G. The notification provided for in this section shall inform the registered owner that any hearing request shall be directed to the Roslyn municipal court and shall be accompanied by a form to be utilized for the purpose of requesting a hearing. Any request for a hearing pursuant to this section shall be made in writing on the form provided for that purpose and must be received by the court within 10 days of the date of notification provided for in this section was mailed. If the hearing request is not received by the court within the 10-day period, the right to a hearing is waived and the registered owner shall be liable for any towing, storage or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment and any infractions alleged.
H. Removal and storage of a vehicle or hulk under RCW 46.55.010 et seq., as amended by Chapter 311, Laws of 1987, or under RCW 46.61.565 shall be at the owner’s expense.
I. Any abandoned vehicle or abandoned vehicle hulk impounded pursuant to this section shall otherwise be processed in a manner prescribed by RCW 46.55.010 et seq., as amended by Chapter 311, Laws of 1987, and other pertinent provisions adopted in the Washington Model Traffic Ordinance, Chapter 46.90 RCW. [Ord. 637 § 2, 1988.]
8.30.030 Monetary penalties.
Any person allowing a public nuisance in violation of this chapter shall be guilty of a misdemeanor and subject to a maximum sentence of 90 days in jail and a $1,000 fine or both such imprisonment and fine. Any person allowing a public nuisance in violation of this chapter shall also pay all costs of removal, storage and disposition of any vehicle, vehicle hulk or part thereof. Each day that a public nuisance is allowed to continue in violation of this chapter shall be considered a separate offense. [Ord. 901A, 2000; Ord. 877 § 1, 1999; Ord. 637 § 3, 1988.]