12.14.020 Junk Vehicles – Public nuisances.
Any junk vehicle or parts thereof on private property are hereby declared to be a public nuisance. The Garfield Town Marshal or any Town employee authorized by the Mayor shall inspect and investigate complaints relative to junk vehicles, or parts thereof, on private property. If the inspection confirms that the vehicle or vehicle parts in question meets the criteria of §12.14.010(4), the nuisance shall be abated by removal and disposal subject to the following provisions:
(1) Written notice must be given to the last registered owner of record and the property owner of record demanding that the junk vehicle or vehicle parts be removed within 10 days and advising that a hearing may be requested before the Town Council and that if no hearing is requested within 10 days, the vehicle will be removed;
(2) 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;
(3) This section shall 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;
(b) a vehicle or part thereof that is completely enclosed by a sight-obscuring fence; such fencing shall constitute a complete visual screen at least eight (8) feet high consisting of masonry, wood or slatted chain-link construction, maintained in good condition and complying with all applicable building code requirements; or
(c) 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 which is fenced according to RCW 46.80.130;
(4) 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 reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without consent of the landowner and that he has not subsequently acquiesced in its presence, then the local agency 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;
(5) After notice has been given of the intent of the Town to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of the law enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. The Town may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.
(6) Costs of removal may be assessed against the last 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. Any costs assessed against the registered owner of the vehicle or the owner of the property may be collected in the same manner as any other debt.
(7) In addition to the costs of abatement, any person violating any portion of this section shall be deemed to have committed a civil infraction commencing upon the date that the Garfield Town Marshal, authorized Town employee or the Town Council had specified for completion of abatement, whichever date is later. Any person violating this section shall be fined not less than $250 per violation, the first $250 of which shall not be suspended or deferred. A separate offense shall be deemed committed or each day or part of a day during which a violation occurs or continues. The penalty for a repeat offense shall be $500 per violation. (Ord. 280-N, §3, 2001)