HomeMy WebLinkAboutO-1487 - Adds Ch. 11.36, abandoned vehicles (Repealed by 1593)·.J."'-WIt..xc:.2 Pc \ice.vert.
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.lfif/7
AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING
A NEW CHAPTER 11.36 TO THE MARYSVILLE MUNICIPAL
CODE RELATING TO ABANDONED VEHICLES
.W
THE CITY COUNCIL OF THE CITY OF r1ARYSVILLE,WASHINGTON,DO ORDAIN
AS FOLLOWS:
CHAPTER 11.36
ABANDONED VEHICLES
11.36.010 Defiiritions.
(1)Abandoned Vehicle."Abandoned vehicle"means any vehicle
or automobile hulk left within the right-of-way of any
highway or on the property of another without consent of
the owner of such property for a period of twenty-four
(24)hours,or longer;provided,that a vehicle or hulk
shall not be considered abandoned if it is lawfully parked
for a period not exceeding seventy-two (72)hours;provided
further,that a vehicle or hulk shall not be considered
abandoned if its owner or operator is unable to remove it
from the place where it is located and so notifies law
enforcement officials and requests assistance.
(2)Automobile Hulk."Automobile hulk"means any portion or
portions of a motor vehicle which is inoperative and can-
not be made mechanically operative without additional vital
parts and a substantial amount of labor.
(3)District Court."District Court,"as that term is used in
any statutes incorporated herein by reference,shall mean
and refer to the Marysville Municipal Court.
11.36.020 Public Nuisance.The placement,parking,storage or
retention of abandoned,wrecked,-dismantled or inoperative vehicles or
automobile hulks on any public or private property in the City is
declared to be a public nuisance.It shall be a misdemeanor for any
person or party to cause,maintain,permit,or allow such a public
nuisance to exist on any public or private property in the City unless:
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(a)The vehicle or part thereof is completely enclosed within
a building in a lawful manner where it is not visible from
the street or0ther public or private property;or
(b)The vehicle or part thereof 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 and applicable City ordin-
ances.
11.36.030 Prima Facie Evidence of Abandonment.It shall be prima
facie evidence that an automobile or portion thereof is abandoned,junked
and/or discarded if the same is (a)inoperable by reason of damage,
neglect or the removal of parts therefrom;(b)unlicensed for current
operation on the public streets;and (c)has been substantially in the
same condition and location for more than twenty-four (24)hours.The
provisions of this section shall not apply to commercial establishments
which are regularly licensed to handle junk automobiles and otherwise
are complying with State and local laws and regulations.
11.36.040 Liability for Disposal.The abandonment of any vehicle
or automobile hulk shall constitute a prima facie presumption that the
last registered owner of the vehicle is responsible for abandonment and
thus liable for any costs incurred in the removing,storing and dispos-
ing of such vehicle or automobile hulk.
11.36.050 Notification Sticker --Owner to be Informed.RCW
46.52.170 relating to the placement of a notification sticker on an
abandoned vehicle or hulk;and the notification of the owner of the
same is hereby incorporated by reference.
11.36.060 Impoundment.RCW 46.52.180 relating to impoundment of
an abandoned vehicle or hulk after twenty-four (24)hours notice is
hereby incorporated by reference.
11.36.070 Notice of Impoun'dmeht,'Cou'rt Hearin'g and Liability 'for
Charges.RCW 46.52.190 relating to notice of impoundment,the right to
a court hearing,and the owner's liability for charges incurred,'is
hereby incorporated by reference.
11.36.080 Bond 'to Re'gain Possession.RCW 46.52.200 relating to
the requirement that the owner of an abandoned vehicle or hulk post a
bond to regain possession of the same pending a court hearing is hereby
incorporated by reference.',
11.36.090 L'iabili tyof Lah'd ownez .;r:n the event t.ha t,th,eregistered
and/or legal owner of'theabandoned-vehicle or hulk .cannot obe determined,
the City may hold the owner of the property on which the veh.icle or hulk
was found to be liable'for any costs incurred in removing,storing and
disposing of the same.In such event,the notices provided in RCW
46.52.170 and 46.52.190 shall be sent to the owner of the property as
shown on the last equalized assessment roll of Snohomish County...Said
notices shall provide that the owner m~y appear in person at the cQurt
Ordinance - 2
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 the denial.If it is determined at the
hearing that the vehicle was placed on the property without the consent
of the land owner and that he has not subsequently acquiesced in its
presence,then the City shall not assess the costs of removing,storing
and disposing of the vehicle or hulk against him.
PASSED by the City Council and APPROVED by the Mayor this ~day
of CSpr:,1986.
THE CITY OF MARYSVILLE
MAYOR
ATTEST:
CLERK
APPROVED AS TO FORM:
BY~"'~C4.··~CITY AT EY
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