10.64.010 Abatement and removal of unauthorized junk vehicles or parts thereof from private property.
A. The storage or retention of an unauthorized junk vehicle or parts thereof, as defined in RCW 46.55.010(5), on private property is declared to constitute a public nuisance subject to removal and abatement. Upon discovery of such nuisance, the Police Department shall give notice in writing to the last registered owner of record and the property owner of record that a hearing may be requested before the Northeast District Court and that if no hearing is requested within 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 that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the District 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 and disposal of vehicles or parts thereof under this section shall be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle 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 C of this section.
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.
F. After notice has been given of the City’s intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a police officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. (Ord. 1509 § 2, 1989).