9.09.040 Abatement and removal of junk vehicles on private property.
A. Public Nuisance Declared. All junk vehicles certified as such by a law enforcement officer according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal.
B. Voluntary Correction. Whenever the code compliance officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle’s registered owner.
C. Issuance of Notice of Civil Violation. If the code compliance officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of civil violation to the landowner and the vehicle’s registered owner in accordance with the provisions of BCC 1.18.040(C).
D. Content. For violations of this chapter the notice of civil violation shall contain the following information:
1. The name and address of the landowner upon whose property the vehicle is located; and
2. The name and address of the vehicle’s last registered owner of record provided license or vehicle identification numbers are available; and
3. The vehicle description including: the license plate number and/or the vehicle identification number; the model year; the make; and the factors which render the vehicle a public nuisance; and
4. The street address or a description sufficient for identification of the property where the vehicle is located; and
5. The required corrective action and a date and time by which the correction must be completed; and
6. The date, time and location of a hearing before the hearing examiner which will be at least 10 days from the date the notice is issued; and
7. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code compliance officer approves the completed required corrective action at least 48 hours prior to the scheduled hearing; and
8. A statement indicating that the city may remove, impound and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding and disposing of the vehicle against the landowner or the registered owner as ordered by the hearing examiner; and
9. A statement that a monetary penalty pursuant to BCC 1.18.040(E) in an amount per day for each violation shall be assessed against the landowner and/or the vehicle’s registered owner as specified and ordered by the hearing examiner in accordance with BCC 1.18.050.
E. Landowner Responsibility Disclaimer. The landowner may appear in person at the hearing or present a written statement prior to the hearing, to deny responsibility for the vehicle’s presence on the property. If the hearing examiner determines that the vehicle was placed on the property without the landowner’s consent and that the landowner has not subsequently acquiesced in its presence, then the costs and expenses of administration, removing, impounding and disposing of the vehicle shall not be assessed against the landowner.
F. Removal by the City. Pursuant to the hearing examiner’s orders, the city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or bulk hauler, with notice to the Washington State Patrol and the Washington Department of Licensing that the vehicle has been wrecked.
G. Recovery of Costs and Expenses. To the extent allowed by the law the city may file or record with appropriate state or county offices a claim or claims for lien for the costs of and expenses of removal, which impoundment and disposal of the vehicle may be enforced in accordance with the appropriate provisions of law. (Ord. 4243 § 1, 1991.)