Chapter 8.10
JUNK VEHICLES
Sections:
8.10.010 Purpose.
8.10.020 Definition.
8.10.030 Certification.
8.10.040 Nuisance declared.
8.10.050 Enforcement authority.
8.10.060 Procedure for abating nuisance.
8.10.070 Hearing.
8.10.080 Abatement and removal.
8.10.090 Costs of removal and disposal.
8.10.010 Purpose.
The purpose of this chapter is to establish procedures for the abatement and removal as public nuisances of junk motor vehicles. (Ord. 274 § 1, 1998)
8.10.020 Definition.
“Junk vehicle” means a vehicle that meets at least three of the four following criteria:
(1) Is three years or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 274 § 2, 1998)
8.10.030 Certification.
Any individual authorized by the town mayor may inspect and certify that a vehicle meets the requirements of a junk vehicle. Such certification shall be in writing and shall record the make and vehicle identification number and license number of the vehicle if available. The certifying individual shall also describe in detail the damage or missing equipment in order to verify that the value of the junk vehicle is equivalent only to the value of the scrap in it. (Ord. 274 § 3, 1998)
8.10.040 Nuisance declared.
A junk vehicle parked or stored upon private property is declared to be a public nuisance, which shall be abated and removed as provided in this chapter, except this section shall not apply to:
(1) A junk vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.
(2) A junk vehicle or part thereof that 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. 274 § 4, 1998)
8.10.050 Enforcement authority.
The town mayor or his designee shall enforce this chapter and shall be responsible for the abatement and removal of any vehicle or hulk or part thereof declared in SMC 8.10.040 to be a public nuisance. (Ord. 274 § 5, 1998)
8.10.060 Procedure for abating nuisance.
(1) Notice to Abate Junk Vehicle. Before abatement and removal of any junk vehicle from private property, the town shall cause to be mailed to the landowner of record and to the last registered owner of record, by certified mail, return receipt requested, a notice to abate junk vehicle. Said notice shall be mailed to the last known address of the landowner and registered owner and shall state that a hearing may be requested before the town mayor. If no such hearing is requested within 14 calendar days from the date of the postmark on the notice, the vehicle will be removed and disposed of by the town. The costs of such abatement and removal will be collected from the registered owner of such vehicle or from the owner of the property upon which such vehicle is located.
(2) Request for Hearing. A written request for hearing on the issue of abatement of a junk vehicle as a public nuisance must be filed with the town clerk within 14 calendar days of the postmark of the notice referred to in subsection (1) of this section.
(3) Notice of Hearing. If a timely request for hearing is received. A notice of hearing giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or vehicles or parts as a public nuisance shall be mailed, by certified mail, 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 of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 274 § 6, 1998)
8.10.070 Hearing.
(1) Appearance of Landowner. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and may deny responsibility for the presence of the vehicle on his land, stating the reason for such denial. If it is determined by the town at the hearing that the vehicle was placed on the owner’s land without his consent and that he has not subsequently acquiesced in its presence on his land, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located nor otherwise collected from the landowner.
(2) Procedure at Hearing. At the hearing, both oral and documentary evidence may be taken from any interested person on the issue of whether a public nuisance as defined in this chapter exists. Any landowner or registered or legal owner of record who fails to appear after notice as provided herein was given, without obtaining a continuance from the town, may be deemed to have waived any right to introduce evidence or object to the decision made by the town. The decision of the town shall be made within 14 days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail, return receipt requested, to the landowner and registered and legal owner of record. (Ord. 274 § 7, 1998)
8.10.080 Abatement and removal.
After notice has been given that the town intends to dispose of the vehicle, and after a hearing has been held, if requested pursuant to SMC 8.10.060, the vehicle or part thereof shall be removed at the request of a law enforcement officer to a licensed RTTO (rotational tow truck operator) and WSP (Washington State Patrol) approved tow truck operator. The town of Skykomish shall give notice to the Washington State Patrol and the Washington State Department of Licensing that such vehicle or part thereof has been wrecked. The proceeds of any such disposition shall be used to defray the costs of abatement and removal of any such vehicle or part thereof, including costs of administration. (Ord. 274 § 8, 1998)
8.10.090 Costs of removal and disposal.
The costs of removal and disposal shall be assessed against the last registered owner of the junk vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 and 46.55.240, or against the owner of the property on which the vehicle is stored or parked, except as provided in SMC 8.10.070(1), or both. (Ord. 274 § 9, 1998)