1430 - Ordinance - Abandoned and Junk VehiclesORDINANCE NO. 1430 "
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON RELATING TO
ABANDONED, UNAUTHORIZED AND JUNK
VEHICLES; ADOPTING CERTAIN PORTIONS
OF CHAPTER 46.55 RCW BY REFERENCE AND
ADDING NEW CHAPTERS AND SECTIONS
THEREOF TO TITLE 10 OF THE PORT
ORCHARD MUNICIPAL CODE RELATING TO
VEHICLES AND TRAFFIC.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION 1. State law Incorporated by Reference.
The following statues of the State of Washington, including
all future amendments thereto, are hereby adopted by
reference:
A. RCW 46.55.010 Definitions
B. RCW 46.55.070 Posting requirements --
exception
C. RCW 46.55.080 Law enforcement impound,
private impound
D. RCW 46.55.085 Law enforcement impound -
abandoned vehicles
E. RCW 46.55.090 Storage, return requirements
-- personal belongings --
combination endorsement for
two truck drivers -- authority
to view impounded vehicle
F. RCW 46.55.100 Impound notice -- abandoned
vehicle report disposition
report
G. RCW 46.55.110 Notice to legal and registered
owners
H. RCW 46.55.113 Removal by police officer,
when.
I. RCW 46.55.120 Redemption of vehicles -- sale
of unredeemed vehicles
J. RCW 46.55.130 Notice requirements -- public
auction -- accumulation of
storage charges
K. RCW 46.55.140 Operator's lien, deficiency
claim, liability
L. RCW 46.55.230 Junk vehicles --
certification, notification,
removal, sale
SECTION 2. ADMINISTRATIVE HEARING OFFICER. All
hearings required under this chapter, and those required by
RCW 46.20.435 and WAC 308-61-168, shall be conducted by an
administrative hearings officer who shall be the judge, or
judge pro-tem, of the Port Orchard Municipal Court. A
decision made by said administrative hearings officer shall
be final.
Ordinance No. 1430
Page Two
A. The storage or retention of an unauthorized
junk motor vehicle, as defined in RCW 46.55.010(5), on private
property is declared to constitute a public nuisance subject to
removal and impoundment. The police shall inspect and
investigate complaints relative to unauthorized junk motor
vehicles, or parts thereof, on private property. Upon
discovery of such nuisance, the police department shall give
notice in writing to the last registered owner of record to
abate the nuisance or face removal of said vehicle and
informing the property owner of record that a hearing before a
judge of the Port Orchard Municipal Court may be requested in
writing directed to the Chief of Police within ten (10) days
of said notice. If no hearing is requested with ten days, the
vehicle will be removed.
B. If a request for a hearing is received, a
notice giving the time, location and date of the hearing on the
question of abatement and removal of the vehicle or part
thereof as a public nuisance shall be mailed, by certified
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 last registered and legal owner of record unless the
vehicle is in such condition that the identification numbers
are not available to determine ownership.
C. 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
deny responsibility for the presence of the vehicle on the
land, with reasons for the denial. If it is determined at the
hearing the the vehicle was placed on the land without the
consent of the landowner and that he has not subsequently
acquiesced in it presence, then the court 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 the cost from the owner.
D. Costs of removal of vehicles or parts thereof
under this section shall be assessed against the last
registered owner of the vehicle or automobile hulk if the
identity of the owner can be determined, unless the owner in
the transfer of ownership of the vehicle or automobile hulk has
complied with RCW 46.12.101, or the costs may be assessed
against the owner of the property on which the vehicle is
stored, unless the property owner establishes the facts set
forth above in subsection B.
E. This section shall not apply to:
1. A 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; or
2. A 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.
Ordinance No. 1430
Page Three
F. After notice has been given to the City's
intent to dispose of the vehicle and after a hearing, if
requested, has been held, the vehicle or parts 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 of Licensing
that the vehicle has been wrecked.
SECTION 4. PENALTIES. Any person violating any
provision of this chapter shall be guilty of an infraction and
shall be punished by a penalty of up to TWO HUNDRED FIFTY
DOLLARS ($250.00) for each day that the violation continues.
PASSED by the City Council of the City of Port
Orchard, APPROVED by the Mayor and attested by the Clerk in
authentication of such passage this 12th day of December,
LESLIE J. WEATHERILL, MAYOR
rr21*15
Patricia Hower, City Clerk
APPROVED AS TO FORM:
ty Attorney
Sponsored By:
Councilman Clauson