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HomeMy WebLinkAbout52001 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. $ 2 0 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING PRESENT AUBURN CITY CODE CHAPTER 10.44 ENTITLED "ABANDONED VEHICLES ON PRIVATE PROPERTY" ENACTED BY ORDINANCE NO. 2409 AND ENACTING A NEW CHAPTER 8.14 ENTITLED "DISPOSITION OF JUNK VEHICLES" WHICH PROVIDES DEFINITIONS, EXEMPTIONS AND A PROCESS FOR THE ABATEMENT OF JUNK VEHICLES. WHEREAS, statutory provisions contained in RCW 46.55.230 and 46.55.240 relating to the disposition and removal of junk vehicles have replaced provisions previously contained in RCW 46.52.117 which were relied upon for the enactment of Auburn City Code (ACC) Chapter 10.44 entitled "Abandoned Vehicles on Private Property"; and WHEREAS, it is necessary for the public health, safety and general welfare of the citizens of the City of Auburn that regulations of inoperable and junk vehicles be in place; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. REPEAL OF AUBURN CITY CODE CHAPTER 10.44 ENTITLED "ABANDONED VEHICLES ON PRIVATE PROPERTY"ENACTED IN ORDINANCE 2409. Chapter 10.44 entitled "Abandoned Vehicles on Private Property" enacted by Ordinance 2409 relating to the abatement and removal of abandoned vehicles on private property is hereby repealed. Ordinance No. 5200 January 19, 1998 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 Section 2. ENACTMENT OF A NEW AUBURN CITY CODF CHAPTER 8.14 ENTITLED "DISPOSITION OF JUNK VEHICLES". A new chapter 8.14 entitled "Disposition of Junk Vehicles", a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein as if fully set forth, is hereby enacted and added to the .Auburn City Code. Section 3. AUTHORIZATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: February 16, 1999 Febrnar}, 16, 1999 Febr~m~y 16t 1999 CHARLES A. BOOTH MAYOR Ordinance No. 5200 January 19, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: ~ Ca'ehy Richa.rd._~n, Doputy city Clork APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5200 January 19, 1998 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "A" Chapter 8.14 DISPOSITION OF JUNK VEHICLES 8.14.010. Purpose. The purpose of this chapter is to preserve the character and safety of the city's neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. 8.14.020. Definitions. For the purposes of this chapter, the following words shall have the following meaning: Director means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the mayor to enforce this chapter including assigned code enforcement official(s). Junk vehicle means a vehicle meeting at least three (3) of the following requirements: (RCW 46.55.010(4)) 1. Is three (3) years old 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; Has an approximate fair market value equal only to the approximate value of the scrap in it. Ordinance No. 5200 January 19, 1998 Page 4 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Landowner means an owner of private property, or a person in possession or control of private property. 8.14.030. Public nuisance declared. All junk vehicles certified as such by a law enforcement officer or code enforcement officer designated by the director according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal. It is unlawful for any individual, firm, entity or corporation to allow, cause to allow or place a junk vehicle on any premises. 8.14.040. Exemptions. 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 vehicle dealer and is fenced according to the provisions of RCW 46.80.130. 8.14.050. Abatement and removal of junk vehicles on private property. A. Voluntary correction. Whenever the code enforcement officer or a City of Auburn law enforcement 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. B. Issuance of notice of civil violation. If the code enforcement officer does not obtain voluntary correction of the public nuisance, the officer may issue a civil violation to the landowner of record and the vehicle's last registered owner of record. C. Content, For violations of this chapter the notice of civil violation shall contain the following information: 1. The name and address of the landowner of record upon whose property the vehicle is located; Ordinance No. 5200 January 19, 1998 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. The name and address of the vehicle's last registered owner of record provided license or vehicle identification numbers are available; 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; 4. The street address of a description sufficient for identification of the property where the vehicle is located; 5. The required corrective action and a date and time by which the correction must be completed; 6. The date, time and location of a hearing before the hearing examiner as provided in Auburn City Code 1.25.100 on the question of abatement and removal of the vehicle or part thereof as a public nuisance which will be at least ten (10) days but no more than forty-five (45) days from the date the notice is issued; 7. The hearing will be conducted in accordance with ACC 1.25.100. 8. A statement indicating that the hearing will be canceled and no monetary penalty as provided in subsection 8.14.050(C)(10) below will be assessed if the required corrective action is completed at least forty-eight (48) hours prior to the scheduled hearing; 9. 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 and/or the registered owner as ordered by the hearing examiner; and 10. A statement that a monetary penalty of $50.00 per day for each day the junk vehicle is not abated and removed beginning the day immediately following the date and time provided in the Notice of Civil Violation for correction shall be assessed against the landowner and/or the vehicle's registered owner as specified and ordered by the hearing examiner in accordance with sections 1.25.090, 1.25.100 and 1.25.110 of the Auburn City Code. Ordinance No. 5200 January 19, 1998 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. Service of notice. The notice 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 identification numbers are not available to determine ownership. 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 or otherwise attempted to be collected from said landowner. F. Removal by the city. Pursuant to the hearing examiner's orders, the vehicle or part(s) thereof may be removed at the request of a law enforcement officer, 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 hulk hauler or scrap processor, 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. 1. The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46.12.101, or against the landowner of record of the property on which the vehicle is stored, or both. If both the owner of the vehicle and the landowner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation. 2. The costs of administration and of removal and disposal of the vehicle may be recovered by the City as determined by the Hearing Examiner subject to subsection (E) above. Ordnance No. 5200 January 19, 1998 Page 7 [ 1] i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8.14.060. Additional enforcement procedure. The provisions of this chapter are additional to other enforcement provisions authorized by state statute and city ordinance and are additional to any other remedy available to the city for damages it has suffered. 8.14.070. Constitutionality or invalidity. If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 8.14.080 Severability. If any provision of the codes referenced in this chapter is held invalid or unenforceable, the remainder shall be valid. 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