Chapter 8.15
ABANDONED VEHICLES
Sections:
8.15.030 Hearing before city council.
8.15.050 Denial of responsibility by property owner.
8.15.060 Disposal – Assessment.
8.15.010 Storage unlawful.
It shall be unlawful for any person, firm or corporation to store or deposit or cause or permit to be stored or deposited an abandoned, wrecked, dismantled or inoperative vehicle or an automobile hulk or parts thereof upon any private property within the city limits of the city of South Bend; provided, however, that this chapter 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 of a licensed dismantler or licensed dealer and fenced according to the provisions of RCW 46.80.130. (Ord. 884 § 1, 1969).
8.15.020 Notice.
If the provisions of SBMC 8.15.010 are violated, the city chief of police shall serve written notice either personally or by mail, upon the registered owner of record and upon the property owner of record, to comply with the provisions of this chapter or that a public hearing before the city council may be requested. The notice shall be substantially the following form:
To the last registered owner of that certain 19___ automobile, license number ___________, State of __________, Identification Number __________, and to the owner of record of land on the Map of the City of South Bend as Lot(s) _____ Block ______, or Number _____, Street or Avenue _____________ Addition.
Notice is hereby given that an abandoned, wrecked, dismantled or inoperative vehicle or automobile hulk or parts thereof has been found, stored or deposited upon the above described property in the City of South Bend. A hearing before the City Council must be requested or the automobile must be removed within five (5) days from the date of this notice.
In case you fail to request a hearing or fail or refuse to comply with this notice on or before the expiration of the said five (5) days from the date of this notice, the City of South Bend, acting through its duly authorized agents, servants, officers and employees, will enter upon your land and remove the vehicle and cause the same to be destroyed. The expense incurred by the City will be assessed against the above-described land, and shall constitute a lien thereon, and be collected as provided by law.
Date ____________, 19____
_______________________
Chief of Police, City of South
Bend, Washington
(Ord. 884 § 2, 1969).
8.15.030 Hearing before city council.
If the city chief of police receives a request for a hearing before the city council within five days after having given notice under SBMC 8.15.020, he shall immediately cause to be entered on the agenda of the city council for the next regularly scheduled meeting of said council following the expiration of five days from the receipt of the request of the hearing, a hearing on the question of the abatement and removal of the vehicle or part thereof as a public nuisance. (Ord. 884 § 3, 1969).
8.15.040 Hearing – Notice.
If a request for a hearing is received, no later than five days before that meeting is to be held, the city chief of police shall cause a notice, giving the date, time and location of such hearing, to be mailed by registered or certified mail, with a five-day return requested, to the last registered and legal owner of record, unless because of condition of the vehicle the identification number is not available to determine ownership, and to the property owner of the land on which said vehicle is located as shown on the last equalized assessment. The notice shall be in substantially the following form:
To the last registered owner of that certain 19___ automobile, license number ___________, State of __________, Identification Number __________, and to the owner of record of land known on the Map of the City of South Bend as Lot(s) _____, Block ______, or Number _____, Street or Avenue _____________ Addition.
Notice is hereby given that a hearing will be held before the City Commission on _________, 19___, at ______ __M., at _________________, on the question of the removal of an abandoned, wrecked, dismantled or inoperative vehicle or automobile hulk or parts thereof that has been found, stored or deposited upon the above described property in the City of South Bend.
You 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 vehicle on your land, giving the reasons for such denial. Unless it is determined that the vehicle was placed on the land without the consent or subsequent acquiescence of the landowner, costs for the removal and destruction of said vehicle will be assessed against the above described land, and shall constitute a lien thereon, and be collected as provided by law.
Date ____________, 19____
_______________________
Chief of Police, City of South
Bend, Washington
(Ord. 884 § 4, 1969).
8.15.050 Denial of responsibility by property owner.
The owner of the land upon 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 deny responsibility for the presence of the vehicle on his land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without consent of the landowner and that he has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from the owner. (Ord. 884 § 5, 1969).
8.15.060 Disposal – Assessment.
If any owner of land fails or refuses to comply with the notice set forth in SBMC 8.15.020 within five days and after a hearing, if requested, has been held, the duly authorized law enforcement officer of the city of South Bend will remove said vehicle, vehicles, or parts thereof and dispose of it to a licensed auto wrecker and the city chief of police shall notify the Washington State Patrol and the Department of Motor Vehicles that the vehicle has been removed. The expense and cost of the removal and destruction of said vehicle, vehicles, or parts thereof will be assessed against such land and shall constitute a lien thereon to be collected as provided by law. (Ord. 884 § 6, 1969).
8.15.070 Violation – Penalty.
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse to remove said abandoned, junked, discarded and unlicensed motor vehicle, as directed by this chapter, or who shall fail or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this chapter, or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the city of the removal and destruction thereof shall be, upon conviction thereof, fined a sum of not exceeding $100.00 for each violation thereof. (Ord. 884 § 7, 1969).