Chapter 8.32
ABANDONED VEHICLES
Sections:
8.32.020 Nuisance declared – Exceptions.
8.32.040 Determinations and burdens of proof.
8.32.010 Definitions.
For the purposes of this chapter, the following definitions shall be applicable:
A. “Abandoned vehicle” means any vehicle left upon the private 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 Whatcom County sheriff or other appropriate official and requests assistance for removal thereof.
B. “Collector” and/or “hobbyist” means the owner of one or more vehicles of historic, special interest or parts cars who collects, purchases, acquires, trades or disposes of these vehicles or parts thereof for his own use in order to preserve, restore and maintain a vehicle or vehicles for hobby purposes. A collector shall not mean a licensed hulk hauler or wrecking yard operator or dismantler, and any such hulk hauler, wrecking yard operator or dismantler shall not be deemed a collector unless he is also a member of a duly organized and operating antique or collectors car club, and has in his possession historic, special interest or parts cars as herein defined.
C. “Historic automobile” means passenger cars or trucks that were manufactured at least 25 years prior to the date of any attempts by the Whatcom County sheriff or other authorized official to enforce the provisions of this chapter.
D. “Parts car” means an historic or special interest vehicle generally in an inoperable condition which is owned by a collector or hobbyist to furnish parts that are usually unobtainable from normal sources, thus enabling a collector to preserve, restore and maintain a motor vehicle of historic or special interest.
E. “Special interest vehicle” means a motor vehicle which is, as set forth above, at least 25 years old on the date of any attempts by the Whatcom County sheriff or other authorized official to enforce the provisions of this chapter, or a motor vehicle which meets any of the following definitions:
1. A make of motor vehicle which is no longer manufactured; or
2. A make or model of motor vehicle produced in limited or token quantities; or
3. A make or model of motor vehicle in the special interest market which has appreciated in value during the past year. (Ord. 89-20 § 1).
8.32.020 Nuisance declared – Exceptions.
Abandoned, wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof on private property, are declared to be public nuisances which shall be abated and removed as provided in this chapter; provided that this chapter shall not apply to (a) any vehicle or hulk or part thereof which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or (b) any vehicle or hulk or part thereof stored or parked in a lawful manner in connection with the business of a licensed dismantler or licensed vehicle dealer, on private property fenced in accordance with the provisions of RCW 46.80.130; or (c) any vehicle or hulk or part thereof stored or parked on private property in connection with the legal business of an auto wrecking yard or junk yard fenced in accordance with the provisions of applicable laws and ordinances; or (d) any motor vehicle which is temporarily inoperative or wrecked and which is removed, operative totally, or legally within an enclosed building within one month of receiving notice as provided by this chapter; or (e) any historic automobile, special interest vehicle or for-parts cars stored by a collector as herein defined; provided that all such vehicles and parts thereof which are not licensed or are not operable, shall be stored out of the public view in a building which meets county zoning requirements or behind a fence or evergreen vegetation screen which is of sufficient height and quality so that the vehicle or parts cannot be seen by the average person who stands on public or private property from a distance of up to 1,000 feet from the closest property line of the owner or possessor of the vehicles or parts. (Ord. 89-20 § 2).
8.32.030 Notice of hearing.
A. Before abatement and removal of such vehicle or hulk or part thereof as herein defined as public nuisances, the Whatcom County sheriff shall obtain the name and address of, and give notice to, the last registered owner of record and the property owner of record that a public hearing may be requested before a Whatcom County hearings examiner and that if no such hearing is requested within 30 days from the service of such notice, the vehicle or hulk or part thereof described in the notice will be abated and removed by the Whatcom County sheriff, and the cost of such abatement and removal collected from the last registered owner of such vehicle or hulk or part thereof if the identity of such owner can be determined, unless such owner in the transfer of ownership of such vehicle or auto hulk has complied with RCW 46.12.102, or the cost may be assessed against the owner of the property upon which said vehicle or hulk or part thereof is stored and may become a lien upon the property.
B. Upon receipt by the Whatcom County hearings examiner of a written request for a public hearing accompanied by a receipt from the cashier at the buildings and codes division showing payment of a nonrefundable filing fee of $100.00, the Whatcom County hearings examiner shall set a date for public hearing on the question of abatement and removal of the vehicle, or hulk or part thereof as a public nuisance and shall cause to be given proper notice of the time, location and date of such hearing to the owner of the land upon which said vehicle or part thereof is stored, the county sheriff and the last owner of the vehicle, if address is known.
C. The notice provided for in this section shall be mailed by certified or registered mail, with a five-day return receipt requested, or notice may be provided by personal service, to the address of the owner of the property on which such vehicle or hulk or part thereof is located, as shown on the real estate tax records of the Whatcom County treasurer, and if identification numbers are available to determine ownership, to the last known address of the last registered owner and legal owners of record of such vehicle or hulk or part thereof. (Ord. 89-20 § 3).
8.32.040 Determinations and burdens of proof.
The hearing examiner shall determine by a preponderance of the evidence, if in issue, whether the vehicle is a nuisance as defined in this chapter (giving the benefit of the doubt to the vehicle owner). The owner of the property 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 deny responsibility for the presence of the vehicle on the property with his reasons for such denial. The hearing examiner shall determine by a preponderance of the evidence, if in issue, whether the vehicle was placed on the property without the consent of the property owner and whether he has subsequently acquiesced in its presence (giving the benefit of the doubt to the property owner). If the hearing examiner determines that the vehicle is a nuisance as defined herein, he may allow a reasonable time for compliance with this chapter or abatement. If appropriate, the hearing examiner may apportion the costs of abatement between the property owner and vehicle owner. If it is determined that the owner has not consented nor acquiesced, then Whatcom County 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 costs from the owner. (Ord. 89-20 § 4).
8.32.050 Abatement.
After notice has been given of Whatcom County’s intent to abate, remove and dispose any such vehicle and after a public hearing, if requested, has been held, as provided for in this chapter, the Whatcom County sheriff shall cause this vehicle or hulk or part thereof to be removed and disposed of to a licensed auto wrecker and shall give notice to the Washington State Patrol and the Washington State Department of Motor Vehicles that such vehicle or hulk or part thereof has been wrecked. The proceeds of any such disposition shall be collected by the sheriff and used by the sheriff to defray the costs of abatement and removal of any such vehicle or hulk or part thereof including costs of administration. (Ord. 89-20 § 5).
8.32.060 Abatement by owner.
If within 30 days from service of notice of intent to abate, the property owner requests that he be allowed to abate the nuisance, he shall be allowed a period to complete the abatement; provided said period shall not extend the original 30-day period by more than 10 additional days and such request constitutes waiver of all hearing rights. If the nuisance is not properly abated within the additional ten-day period, the sheriff shall abate the nuisance and the costs shall be billed as specified herein. (Ord. 89-20 § 6).
8.32.070 Costs of abatement.
Whenever possible the cost of abatement and removal of such vehicle or hulk or part thereof including costs of administration and hearing shall be collected from the last registered owner thereof if the identity of such owner can be determined, and unless such owner has transferred ownership and has complied with RCW 46.12.101 and 46.12.010 he shall be primarily liable, and except as provided herein the costs may be collected from the owner or owners of the property on which such vehicle or hulk or part thereof is located, such owner being secondarily liable. (Ord. 89-20 § 7).