HomeMy WebLinkAboutO-1593 - Repeals and replaces Ch. 11.36, abandoned, unauthorized and junk vehicles (11.36)·\~+,B""k.P",b,
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Q..,.-Gu~CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.-'593
/
AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO
ABANDONED,UNAUTHORIZED AND JUNK VEHICLES;REPEALING
CHAPTER 11.36 OF THE MARYSVILLE MUNICIPAL CODE;AND
ADOPTING CERTAIN PORTIONS OF CHAPTER 46.55 RCW BY
REFERENCE.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Chapter 11.36 of the Marysville Municipal Code,
entitled Abandoned Vehicles,and Sections 11.36.010,11.36.020,
11.36.030,11.36.040, 11.36.050,11.36.060, 11.36.070,11.36.080
and 11.36.090 thereof are hereby REPEALED for the reason that the
same are superseded by the provisions of Section 2 of this
ordinance.
Section 2.A new Chapter 11.36 of the Marysville Municipal
Code is hereby enacted to provide as follows:
CHAPTER 11.36
ABANDONED,UNAUTHORIZED AND JUNK VEHICLES
11.36.010 State Law Incorporated By Reference.The
following statutes of the State of Washington,including all
future amendments thereto,are hereby adopted by reference:
E.RCW 46.55.100
F.RCW 46.55.110
G.RCW 46.55.113
H.RCW 46.55.120
I.RCW 46.55.130
J.RCW 46.55.140
K.RCW 46.55.230
A.
B.
C.
D.
RCW 46.55.010
RCW 46.55.070
RCW 46.55.080
RCW 46.55.090
Definitions
Posting requirements exception
Law enforcement impound,private impound
Storage,return requirements --personal
belongings --combination endorsement
for tow truck drivers --authority to
view impounded vehicle
Impound notice --abandoned vehicle
report --disposition report
Notice to legal and registered owners
Removal by police officer,when.
Redemption of vehicles --sale of
unredeemed vehicles
Notice requirements --public auction
accumulation of storage charges
Operator's lien,deficiency claim,
liability
Junk vehicles --certification,notifi-
cation,removal,sale
Ordinance - 1
Section 11.36.020 Administrative Hearing Officer.All
hearings required under this chapter,and those required by RCW
46.20.435 and WAC 308-61-168,shall be conducted by an ad-
ministrative hearings officer who shall be the judge,or judge
pro tern,of the Marysville Municipal Court.A decision made by
said administrative hearings officer shall be final.
Section 11.36.030 Abatement and Removal of Unauthorized
Junk Motor Vehicles or Parts Thereof From Private Property.
A.The storage or retention of an unauthorized junk motor
vehicle,as defined in RCW 46.55.010(5),on private property is
declared to constitute a public nuisance subject to removal and
impoundment.The police shall inspect and investigate complaints
relative to unauthorized junk motor vehicles,or parts thereof,
on private property.Upon discovery of such nuisance,the police
department shall give notice in writing to the last registered
owner of record to abate the nuisance or face removal of said
vehicle and informing the property owner of record that a hearing
before a judge of the Marysville Municipal Court may be requested
in writing directed to the Chief of Police within ten (10)days
of said notice.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 state-
ment in time for consideration at the hearing,and deny respon-
sibility 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 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 of vehicles or parts thereof under
this section shall be assessed against the last registered owner
of the vehicle or automobile hulk if the identity of the owner
can be determined,unless the owner in the transfer of ownership
of the vehicle or automobile hulk has complied with RCW
46.12.101,or the costs may be assessed against the owner of the
Ordinance - 2
property on which the vehicle is stored,unless the property
owner establishes the facts set forth above in subsection B.
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 parts thereof shall be removed at the
request of a police officer and disposed of to a licensed motor
vehicle wrecker or hulk hauler with notice to the Washington
State Patrol and the Department of Licensing that the vehicle has
been wrecked.
Section 11.36.040 Penalties.Any person violating any
provision of this chapter shall be guilty of an infraction and
shall be punished by a penalty of up to TWO HUNDRED FIFTY DOLLARS
($250)for each day that the violation continues.
~PASSED8-day of
by the City Council and APPROVED by the
Fe.b rt.ta.rV ,1988.,Mayor this
CITY
Attest:
BYCk~~CI CLERK
Approved as to Form:
OF MARYSVILLE
~~MAYOR
BYC¥I ~a·;.CITY
Date of Publication:2.-IO~S8
Effective Date (5 days after publication):2-1 S-88
Ordinance - 3