ord1989-020junkcar2.ord
(amended by Warner 2/7/89)
INTRODUCED BY: Johnson
ORDINANCE NO. 89 -20
PROPOSED BY: Johnson
DATE: 1 -19 -89
1 ESTABLISHING PROCEDURES FOR THE ABATEMENT AND REMOVAL
2 AS A PUBLIC NUISANCE ABANDONED VEHICLES OR AUTOMOBILE HULKS OR
3 PARTS THEREOF FROM PRIVATE PROPERTY, NOT INCLUDING HIGHWAYS,
4 AND ADDING A NEW SECTION TO WHATCOM COUNTY CODE.
5 WHEREAS, the Whatcom County Council finds and declares that it is
6 necessary, for the protection and welfare of the general public in regards to
7 automobile hulks and abandoned vehicles, that certain rules and regulations be
8 established.
9 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
10 following text shall be adopted as a new chapter of the Whatcom County Code:
11 Section 1. Definitions. For the purpose of this chapter, the follow -
12 ing definitions shall be applicable:
13 (a) "Abandoned vehicle" means any vehicles left upon the private
14 property of another without the consent of the owner of such property for a
15 period of twenty-four hours or longer, except that a vehicle shalt not be con -
16 sidered abandoned if its owner or operator is unable to remove it from the
17 place where it Is located and so notifies the Whatcom County Sheriff or other
18 appropriate official and requests assistance for removal thereof.
19 (b) A "wrecked, dismantled or inoperative vehicle or automobile hulk"
20 means the remnant or remains of a motor vehicle which is inoperative and
21 cannot be made mechanically operative without the addition of vital parts or
22 mechanisms and the application of a substantial amount of labor to effect
23 repairs.
24 (c) "Collector" and /or "hobbyist" means the owner of one or more
25 vehicles of historic, special interest or parts cars who collects, purchases,
26 acquires, trades or disposes of these vehicles or parts thereof for his own
27 use in order to preserve, restore and maintain a vehicle or vehicles for hobby
28 purposes. A collector shall not mean a licensed hulk hauler or wrecking yard
29 operator or.dismantler, and any such hulk hauler, wrecking yard operator or
30 dismantler shall not be deemed a collector unless he is also a member of a
31 duly organized and operating antique or collectors car club, and has in his
32 possession historic, special interest or parts cars as herein defined.
33 (d) "Parts car" means an historic or special interest vehicle generally
34 in an inoperable condition which is owned by a collector or hobbyist to
35 furnish parts that are usually unobtainable from normal sources, thus enabling
36 a collector to preserve, restore and maintain a motor vehicle of historic or
37 special interest.
Junkcar2.ord, underlined version, page 2
2 (e) "Historic automobile" means passenger cars or trucks that were
3 manufactured at least twenty -five years prior to the date of any attempts by
4 the Whatcom County Sheriff or other authorized official to enforce the provi-
5 sions of this chapter.
6 (f) "Special interest vehicle" means a motor vehicle which is, as set.
7 forth above, at least twenty -five years old on the date of any attempts by the
8 Whatcom County Sheriff or other authorized official to enforce the provisions
9 of this chapter, or a motor vehicle which meets any of the following
10 definitions:
11
(1)
A make of motor
vehicle which is
no longer manufactured; or
12
(2)
A make or model
of motor vehicle
produced in limited or token
13
quantities; or
to, the
last registered
owner of record and the property owner of record that
14
(3)
A make or model
of motor vehicle
in the special interest
15
market which has
appreciated in
value during the
past year.
Section 2. Nuisance declared - exceptions. Abandoned, wrecked, dis-
mantled or inoperative vehicles or automobile hulks or parts thereof on
private property, are declared to be public nuisances which shalt be abated
and removed as provided in this chapter, provided that this chapter shall not
apply to (a) any vehicle or hulk or part thereof which is completely enclosed
within a building in a lawful manner and not visible from the street or other
public or private property, or (b) any vehicle or hulk or part thereof stored
or parked in a lawful manner in connection with the business of a licensed
dismantler or licensed vehicle dealer, on private property fenced in
accordance with the provisions of RCW 46.80.130, or (c) any vehicle or hulk or
part thereof stored or parked on private property in connection with the legal
business of an auto wrecking yard or junk yard fenced in accordance with the
provisions of applicable laws and ordinances, or (d) any motor vehicle which
is temporarily inoperative or wrecked and which is removed, operative totally,
or legally within an enclosed building within one month of receiving notice as
provided by this chapter, or (e) any historic automobile, special interest
vehicle or for-parts cars stored by a collector as herein defined; provided
that ail such vehicles and parts thereof which are not licensed or are not
operable, shall be stored out of the public view in a building which meets
county zoning requirements or behind a fence or evergreen vegetation screen
which is of sufficient height and quality so that the vehicles or parts cannot
be seen by the average person who stands on public or private property from a
distance of up to one thousand feet from the closest property line of the
owner or possessor of the vehicles or parts.
40
Section
3. Notice
of Hearing. Before abatement and removal of any such
41
vehicle
or hulk or part
thereof as herein defined as public nuisances, the
42
Whatcom
County Sheriff shall obtain the name and address of, and give notice
43
to, the
last registered
owner of record and the property owner of record that
44
a public
hearing may be
requested before a Whatcom County Hearings Examiner
45
and that
if no such hearing is requested within thirty (30) days from the
"5
service
of such notice,
the vehicle or hulk or part thereof described in the
notice
junkcar2.ord, underlined version, page 3
2 sfiatt will be abated and removed by the Whatcom County Sheriff, and the cost
3 of such abatement and removal collected from the last registered owner of such
4 vehicle or hulk or part thereof if the identity of such owner can be
5 determined, unless such owner in the transfer of ownership of such vehicle or
6 auto hulk has complied with RCW 46.12.102, or the cost may be assessed against
7 the owner of the property upon which said vehicle or hulk or part thereof is
8 stored and may become a lien upon the property.
9 Upon receipt by the Whatcom County Hearings Examiner of a written
10 request for a public hearing accompanied by a receipt from the cashier at the
11 Buildings and Codes Division showing payment of a non - refundable filing fee of
12 $100.00, the Whatcom County Hearings Examiner shall set a date for public
13 hearing on the question of abatement and removal of the vehicle, or hulk or
14 part thereof as a public nuisance and shall cause to be given proper notice of
15 the time, location and date of such hearing to att- property - owners- w++h+n -AAA
16 feet - of - +fie- property -en the owner of the land upon which said vehicle or part
17 thereof is stored, the County Sheriff and the last owner of the vehicle, if
18 address is known.
19 The notice provided for in this section shall be mailed by certified or
20 registered mail, with a five (5) day return receipt requested, or notice may
21 be provided by personal service, to the address of the owner of the property
22 on which such vehicle or hulk or part thereof is located, as shown on the real
23 estate tax records of the Whatcom County Treasurer, and if identification
24 numbers are available to determine ownership, to the last known address of the
15 last registered owner and legal owners of record of such vehicle or hulk or
26 part thereof.
4. Prnner+a- 9wner1
(giving the benefit of the doubt to the vehicle owner). The owner of the
property 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 property with his
reasons for such denial. 4f- t+- ts-de+erm +ned a+- +fie- fieertng -+fiat The Hearina
Examiner shall determine by a preponderance of the evidence, if in issue.
whether the vehicle was placed on the property without the consent of the
property owner and the+ whether he has not subsequently acquiesced in its
presence tfien- Wfiateem- £e�nty- sfiatt- not - assess - Bests- ef- admtntstratten -er
remedat -ef- +fie- eefitete- against - +fie- property- tipen- wfitefi- +fie- defitete- ts- teeated
or- otfierwtse- attempt -te- Bet +ee +- stiefi-Bests- from - +fie -owner (giving .the benefit
of the doubt to the property owner). If the Hearing Examiner determines that
the vehicle is a nuisance as defined herein. he may allow a reasonable time
for compliance with this ordinance or abatement. If appropriate, the Hearing
Examiner may ap2portion the costs of abatement between the property owner and
vehicle owner. If it is determined that the owner has not consented nor
acquiesced, then Whatcom County 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 such costs from the owner,
I Junkcar2.ord, underlined version, page 4
2 Section 5. Abatement. After notice has been given of Whatcom County's
3 intent to abate, remove and dispose any such vehicle and after a public
4 hearing, if requested, has been held, as provided for in this ordinance, the
5 Whatcom County Sheriff shall cause this vehicle or hulk or part thereof to be
6 removed and disposed of to a licensed auto wrecker and shall give notice to
7 the Washington State Patrol and the Washington State Department of Motor
8 Vehicles that such vehicle or hulk or part thereof has been wrecked. The
9 proceeds of any such disposition shall be collected by the Sheriff and used by
10 the Sheriff to defray the costs of abatement and removal of any such vehicle
11 or hulk or part thereof including costs of administration.
12 Section 6. Abatement by Owner. If within thirty (30) days from service
13 of notice of intent to abate, the property owner requests that he be allowed
14 to abate the nuisance, he shall be allowed a period to complete the abatement;
15 provided said period shall not extend the original 30 day period by more than
16 ten (10) additional days and such request constitutes waiver of all hearing
17 rights. If the nuisance is not properly abated within the additional ten (10)
18 day period, the Sheriff shalt abate the nuisance and the costs shall be billed
19 as specified herein.
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Section 7. Costs of Abatement. Whenever possible the cost of abatement
and removal of any such vehicle or hulk or part thereof including costs of
administration and hearing shall be collected from the last registered owner
thereof if the identity of such owner can be determined, and unless such owner
has transferred ownership and has complied with RCW 46.12.101 and RCW
46.12.010 he shall be primarily liable, and except as provided herein the
costs may be collected from the owner or owners of the property on which such
vehicle or hulk or part thereof is located, such owner being secondarily
liable.
APPROVED this 16th day of March , 1989
ATTEST:
Ramona - .Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
TCOM COUNTY CIL
WOM COU NT�Y� %S IN
Donald G. 11aliisey', Chairman
(0").' APPROVED ( ) VETOED
Ul... e4- ..1 ?4,
Shirley Van Zanten, Executive
Date signed: 3- / -7 -�'�z