1209_00001ORDINANCENO.1209
ANORDINANCECREATINGA NEWCHAPTER10.36 OF THEMOSESLAKEMUNICIPALCODEENTITLED"JUNKVEHICLES"
THECITYCOUNCILOF THE CITY OF MOSESLAKE;WASHINGTONDOORDAINAS FOLLOWS:
Section 1.There is created a new chapter 10.36 of the Moses Lake Municipal CodeentitledJunkVehicles;to provide as follows:
10.36.010 Authority and Purpose:I A.RCWChapter 46.55 and RCW46.55.240;as nowenacted or hereafteramended;provide the authority for the city to adopt laws relat-ing to the removal of junk vehicles;parts thereof and auto-mobile hulk.It is the intent of the city that the greatestpossiblepowersbegrantedtothecityBuildingOfficialand/oritsPoliceDepartmenttofacilitatetheremovalofjunkvehiclesfromprivatepropertywithinthecity.
B.The keeping of junk vehicles or parts thereof or automobilehulksonpublicorprivatepropertywithinthecorporatelimitsofthecityisdeclaredtobeapublicnuisance;except as pro-vided for herein.Such public nuisance may be abated as pro-vided for in this chapter.
10.36.020 Summary Removal Procedures:
A.Upon discovery of a junk vehicle;parts thereof;or automobilehulkasdefinedinRCWChapter46.55;as now enacted orhereafteramended;the Building Official or the Police Depart-ment may contact the landowner;as defined in RCW46.55,as nowenactedorhereafteramended;where the junk vehicle,partsthereof;or automobile hulk is located;and determine if thelandownerclaimsanyownershipinterestinorbailmentrespon-sibility for the junk vehicle;parts thereof;or automobileihulk.If the landowner claims no ownership or bailment inter-est;the Building Official or Police Department shall have thelandownerexecuteastatementtothateffectunderpenaltyofperjury.
B.If the landowner claims an ownership interest or bailmentresponsibilityforthejunkvehicle;parts thereof;or auto-mobile hulk located upon his property;the Building Official orthePoliceDepartmentmayproceedtodealwiththejunkvehicle;parts thereof;or automobile hulk as provided in Section10.36.030 below.
C.Upon execution by the landowner of the statement of no ownershiporbailmentinterestinthejunkvehicle;parts thereof;orautomobilehulktheBuildingOfficialorPoliceDepartmentshallcauseanotification(junk vehicle)form to be mailed tothevehicle's registered legal owner of record by certifiedmail.Additionally;the notification shall inform the owner ofthecity's intent to dispose of the junk vehicle;parts thereof;or automobile hulk.If the junk vehicle;parts thereof;orautomobilehulkremainsunclaimedmorethanfifteen(15)daysafterthejunkvehiclenotificationformwasmailedtheBuild-ing Official or Police Department may have the junk vehicle;
I parts thereof;or automobile hulk removed with notice to theWashingtonStatePatrolandtheDepartmentofLicensingthat thejunkvehiclehasbeenwrecked.
D.If no information on the owner of the Junk vehicle;parts there-of;or automobile hulk is available after the landowner has exe-cuted the statement of no ownership or bailment interest;theBuildingOfficialorPoliceDepartmentmayplacealegalnoticeofcustodyandsaleintheofficialnewspaperofthecity.ThisnoticeshallcomplywithRCW46.55.230 (5);as now enacted orhereafteramended;and shall additionally inform the owner ofthecity's intent to dispose of the junk vehicle;parts thereof;or automobile hulk.If the junk vehicle;parts thereof;orautomobilehulkremainsunclaimedmorethagtwentv(20)davsafterpublicationofthenotice;the Buflding Official or Police
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Department may have the junk vehicle;parts thereof;or auto-mobile hulk removed with notice to the Washington State Patrol
and Department of Licensing that the junk vehicle has been
wrecked.
10.36.030 Nuisance Abatement Procedures
A.If a land owner claims an ownership interest or bailment respon-sibility for a junk vehicle;parts thereof or automobile hulk;
located on his property;upon contact by the Building Official
or Police Department as provided in subsection 10.36.020 (B)
above;the matter shall be referred to the Building Official for
possible further action.
B.The Building Official or Police Department may inform any land
owner keeping a junk vehicle;parts thereof or automobile hulk
within the city;in any zone;that such vehicle is a public
nuisance and said nuisance must be abated by the land ownerwithinfifteen(15)days or the city will proceed to abate thenuisancebyremovalofthejunkvehicle;parts thereof;or auto-
mobile hulk from the land owner's property and the costs of suchremovalincludingadministrationcostsshallbechargedagainst
the land owner and/or the last registered owner of the auto-
mobile hulk;junk vehicle or parts thereof;unless the owner;
in the transfer of ownership of the vehicle or automobile hulk;
has complied with RCW46.12.101.This notice and warning shall
be delivered to the last registered owner of the junk vehicle;
parts thereof;or automobile hulk and to the property owner of
record by certified mail;with a five (5)day return receipt
requested.Such notice shall also inform the registered ownerandthelandowneroftherighttorequestahearingtocontest
the city's proposed removal of the junk vehicle;parts thereof;
or automobile hulk.
C.Such notice shall be in substantially the following form:
"JUNKVEHICLE;PARTSTHEREOF OR AUTOMOBILEHULKREMOVALNOTICE
A junk vehicle(s);parts thereof;or automobile hulk(s)
described as:
has been discovered by the City of Moses Lake located at(street address);described as(legal)within the City of Moses
Lake which is shown by public record to be the property of
the last registered owner of such junk vehicle(s);parts there-
of,or automobile hulk is listed of record as:
All of you are informed such junk vehicle(s);parts thereof;orautomobilehulk(s)is a public nuisance and unless such nuisance
is abated as provided by Moses Lake Municipal Code Chapter
10.36,the City of Moses Lake will proceed to abate such public
nuisance by removal of the listed junk vehicle(s);parts there-
of;or automobile hulk(s)fifteen (15)days after the date of
this notice.Cost of such removal;including administrative
costs,will be charged against the registered owner;unless the
owner can demonstrate compliance with RCW46.12.101 at the time
of transfer of ownership and/or against the land owner.
You may request a hearing before the judge of the Municipal De-
partment of the District Court to contest the city's determina-
tion that your junk vehicle(s);parts thereof;or automobile
hulk(s)is a public nuisance and the abatement thereof,or that
you are legally responsible for the junk vehicle(s);parts
thereof,or automobile hulk(s)described above.To request this
DRD.1209/Page 3
hearing;one of you must notify the Police Chief of the City ofMosesLakeinwritingattheaddressbelow;within ten (10)daysofthedateofthisnotice.If you do not request a hearing;the junk vehicle(s);parts thereof;or automobile hulk(s)willberemovedbytheCityofMosesLakeandthecoststhereof;in-cluding administrative costs;shall be assessed against all oranyoneofyou.
Police ChiefCityofMoses LakeP.0.Box 1579MosesLake;WA 98837"i D.If either the last known registered owner of the junk vehicle;parts thereof;or automobile hulk or the land owner requests ahearingtocontestthecity's determination that the junk vehi-cle;parts thereof;or automobile hulk constitutes a publicnuisanceandtheabatementthereof;or that either or both theregisteredownerandlandownerislegallyresponsibleforthejunkvehicle;parts thereof;or automobile hulk;such hearingshallbeconductedafterawrittennoticeofthedatetime andplaceofsuchhearingismailed;by certified mail;with a five(5)day return receipt requested;to the owner of the land asshownonthelastequalizedassessmentrollandtothelastreg-istered and legal owner of record unless the vehicle is in suchconditionthatidentificationnumbersarenotavailabletodetermineownership.Such hearing shall be held within thirty(30)days of receipt of a written request for a hearing.Noactionshallbetakentoremovethejunkvehicle;parts thereof;
or automobile hulk during the pendency of a hearing except pur-suant to a court order.The land owner may appear in person atsaidhearingorpresentawrittenstatementintimeforconsid-eration at said hearing;and deny responsibility for the pres-ence of the vehicle on the land;with his reasons for thedenial.
E.After the expiration of the fifteen (15)days provided for inithenoticetotheregisteredownerandlandownerabove;if nohearinghasbeenrequested;or after a hearing;if requested;the Building Official may proceed to have the junk vehicle;parts thereof;or automobile hulk removed and the costs of suchremovalincludingadministrativecostsshallbetaxedagainsttheregisteredownerand/or land owner jointly and severally.
F.The provisions of this chapter shall not apply under the follow-ing conditions:
1.If a vehicle or part thereof is completely enclosed within
a building in a lawful manner where it is not visible fromthestreetorotherpublicorprivateproperty;or;
2.If a vehicle or part thereof is stored or parked in a law-ful manner on private property in connection with the busi-
ness of a licensed dismantler or licensed vehicle dealerandisfencedaccordingtoRCW46.80.130.
Section 2.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
Adopted by the City Council and signed by
June 2,1986