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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abandoned vehicles on private property is hereby repealed.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
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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
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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
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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
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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
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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
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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
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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.
Ordinance No. 5200
January 19, 1998
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