Chapter 10.16
Junk Vehicle Abatement

Sections:

10.16.010 Definitions.

10.16.020 Abatement and Removal of Junk Vehicles from Private Property.

10.16.030 Exceptions.

10.16.040 Violation Notice – Abatement – Service.

10.16.050 Hearing.

10.16.060 Order of the Hearing Examiner.

10.16.070 Removal and Disposal – Costs – Liens.

10.16.080 Severability.

10.16.010 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

A.  “City” means the City of Spokane.

B.  “Code compliance officer” means a regular or special commissioned officer.

C.  “Director” means the director of the department of licensing or a designee.

D.  “Impound,” for purposes of this chapter, means to take and hold a vehicle in legal custody.

E.  “Inoperable” means incapable of being operated legally on a public highway, including but not limited to, not having a valid, current registration plate.

F.  “Junk vehicle” means a vehicle substantially meeting at least three of the following requirements:

1.   is three years old, or older;

2.   is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission;

3.   is apparently inoperable;

4.   has an approximate fair market value equal only to the approximate value of the scrap in it.

G.  “Vehicle,” for the purposes of this chapter, has the same definition as the definition of “vehicle” in RCW 46.04.670.

[Ord. C32686; Passed: 9/5/2000]

10.16.020 Abatement and Removal of Junk Vehicles from Private Property.

A.  Except as provided in SMC 10.16.030, all junk vehicles placed or situated upon private property within the city limits of Spokane are public nuisances to be abated as provided in this chapter.

B.  This section shall apply even in cases where permission has been given for the vehicle to be left on the property.

[Ord. C32686; Passed: 9/5/2000]

10.16.030 Exceptions.

This chapter does not apply to:

A.  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

B.  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 the provisions of RCW 46.80.130.

[Ord. C32686; Passed: 9/5/2000]

10.16.040 Violation Notice – Abatement – Service.

A.  A code compliance officer is authorized to issue and serve an abatement notice upon reasonable belief that a violation of one or more provisions of this chapter has occurred.

B.  The abatement notice shall be issued to the property owner of record upon which land a vehicle deemed to be in violation of this chapter is located, as shown on the last equalized assessment roll, and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

C.  The abatement notice may be served by means of personal service, or by mailing a copy of the abatement notice to such person at his/her last known address as determined by the code compliance officer by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made.

D.  The abatement notice shall contain substantially the following information:

1.   the name and address of the person to whom the notice is issued;

2.   the location of the subject property by address or other description sufficient for identification of the subject property;

3.   a description of the vehicle and its location, and the reasons for which the city deems it to be a public nuisance in violation of this chapter;

4.   a description of the corrective action necessary to eliminate the violation;

5.   the date by which the corrective action must be completed to avoid a hearing before the hearing examiner on the violation;

6.   the date and time of the hearing before the hearing examiner;

7.   a statement that the person(s) to whom the abatement notice is issued may avoid the hearing before the violations hearing examiner by completing the corrective action to be taken by the date set forth in the notice;

8.   a statement that if any of the persons to whom the abatement notice is issued wish to contest the violation, they must attend the hearing as noted in the abatement notice;

9.   a statement that if the persons to whom the abatement notice is issued fail to complete the corrective action by the date required or appear at the hearing, the city or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the owner of the vehicle upon which the vehicle is located, or otherwise attempt to collect such costs from the owner of the property; and

10.  a statement that the owner of the land upon which the vehicle is located may provide a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial, as provided in SMC 10.19.050.

[Ord. C32686; Passed: 9/5/2000]

10.16.050 Hearing.

Hearings on contested abatement notices are to scheduled and heard before the hearing examiner. 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 his or her reasons for the denial.

[Ord. C32686; Passed: 9/5/2000]

10.16.060 Order of the Hearing Examiner.

The order of a hearing examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his/her last known address as determined by a code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. The hearing examiner may make a determination in the order assessing administrative costs or costs related to the impoundment/abatement of the violators vehicle. If it is determined at the hearing, that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the hearing examiner’s order 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 property owner.

[Ord. C32686; Passed: 9/5/2000]

10.16.070 Removal and Disposal – Costs – Liens.

A.  After notice has been given of the city’s intent to dispose of the vehicle and after the hearing has been held, resulting in authority to remove, the vehicle or part thereof shall be removed at the request of a law enforcement officer and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State patrol and the State department of licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this chapter shall be processed in accordance with the laws of the State of Washington.

B.  Any registered disposer under contract of the city for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the local authority or the director.

C.  Costs of removal may 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, subject to SMC 10.16.060.

D.  The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded.

E.  In addition to, or in lieu of, any other state or local provisions for the recovery of costs, the city may, after removal of a vehicle under this chapter, file for record with the county auditor to claim a lien for the cost of removal and any and all outstanding fines and collection costs, which shall be in substance in accordance with the provision covering mechanics’ liens in RCW chapter 60.04, and said lien shall be foreclosed in the same manner as such liens.

[Ord. C32686; Passed: 9/5/2000]

10.16.080 Severability.

If any section, subdivision, part or word of this chapter or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid, it shall not affect the remainder of the chapter, but be confined to the section, subdivision, part or word directly involved in the controversy with the section, subdivision, part or word severed or stricken.

[Ord. C32686; Passed: 9/5/2000]