Chapter 46.52 of Revised Code of Washington as hereafter amended, pertaining to vehicle accidents and reports thereof and disposition of abandoned, wrecked, junked, dismantled or inoperative vehicles or automobile hulks or parts thereof, is adopted as an ordinance of the town, insofar as it is within the jurisdiction of a Fourth Class city to enforce, control and regulate.
(Ord. 473 § 1, 1982)
The city does further establish procedures for the abatement and removal as public nuisances of abandoned, wrecked, junked, dismantled, or inoperative vehicles or automobile hulks, or part thereof, from private property, not including public streets, alleys and thoroughfares, as authorized by Revised Code of Washington, 46.52.117.
(Ord. 473 § 2, 1982)
For use in this chapter:
(1) 
"Abandoned junk motor vehicle"
means any motor vehicle substantially meeting the following requirements:
(a) 
Left on private property for more than twenty-four hours without the permission of the person having right to the possession of the property, or a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for twenty-four hours or longer;
(b) 
Three years old, or older;
(c) 
Extensively damaged, such damage including but not limited to any of the following: A broken window or windowshield, missing wheels, tires, motor, or transmission;
(d) 
Apparently inoperable;
(e) 
Without a valid, current registration plate;
(f) 
Having a fair market value equivalent to the value of the scrap therein, only.
(2) 
"Abandoned vehicle,"
for the purposes of this chapter, means any vehicle left within the limits of any highway or upon the property of another without the consent of the owner of such property for a period of twenty-four hours or longer, except that a vehicle 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.
(3) 
"Abandoned vehicle hulk,"
for the purposes of this chapter, means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.
(4) 
"Motor vehicle wrecker"
means every person, firm, partnership, association, or corporation engaged in the business of buying, selling, or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, assembling, or substantially changing the form of any motor vehicle, or who buys or sells integral secondhand parts of component material thereof, in whole or in part, and deals in secondhand motor vehicle-parts.
(5) 
A "registered abandoned vehicle disposer"
or a "registered disposer" means any currently licensed tow truck operator, garage keeper, or other person engaged in the business of removing, storing, or disposing of vehicles, abandoned vehicles, or abandoned vehicle hulks, including vehicles or hulks removed pursuant to RCW 46.61.565 and 46.52.180, and who is properly registered and licensed pursuant to RCW 46.52.108, and who is properly registered and licensed pursuant to RCW 46.52.108, as now or hereafter amended.
(6) 
"Scrap processor"
means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling automobile salvage.
(Ord. 473 § 3, 1982)
This chapter shall not apply to a vehicle or part thereof which 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 a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler, licensed vehicle dealer, fenced according to the provisions of Revised Code of Washington 46.80.130.
(Ord. 473 § 6, 1982)
Any person having possession or control of real property who finds an abandoned vehicle or abandoned vehicle hulk as defined in RCW 46.52.102 standing upon that property is authorized to have such vehicle or hulk removed by a person properly registered pursuant to RCW 46.52.108. Such vehicle shall be disposed of in accordance with the procedure prescribed in RCW 46.52.111 and 46.52.112.
(Ord. 473 § 10, 1982)
Whenever any owner or person having possession or control of family residential property finds a vehicle other than an abandoned vehicle as defined in RCW 46.52.102 standing upon such property without his consent, he is authorized to have such vehicle removed from such property and stored or held for its owner.
(Ord. 473 § 11, 1982)
Upon discovery of such an abandoned or junked vehicle or parts thereof as herein defined, or upon receiving a complaint of such vehicle or parts thereof, the city marshal or chief of police shall forthwith investigate to discover the name and address of the last registered owner of record of such vehicle or part and the property owner of record on which the vehicle or part is located and upon ascertaining the names of such registered owner and property owner, or either of them, shall forthwith mail a notice to the owner or owners that the vehicle or parts thereof are in violation of this chapter. The notice may be sent by certified mail with return requested, or by personal service, and shall provide that the owner or owners may request a public hearing before the city council at its next regular meeting to be held at least five days after the giving of such notice and setting forth the date and time of the next regular city council meeting and the place thereof. The notice shall further state that if no hearing is requested on or before the next regular city council meeting, the vehicle or automobile hulk will be removed without further notice or consent. The notice shall further provide that such vehicle, hulk or vehicle part is deemed a public nuisance. Notice of the owner of the land as shown on the last equalized tax assessment roll and to the last registered and legal owners of record of the vehicle, insofar as it can be ascertained from the descriptions and markings of the vehicle shall be deemed notice to the owners.
(Ord. 473 § 5, 1982)
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 such denials. If it is determined at the hearing that the vehicle is placed on the land without the consent of the landowner, and that he has not subsequently acquiesced in its presence, then the city 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 landowner.
(Ord. 473 § 7, 1982)
After notice has been given of the intent of the city 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 city marshal or chief of police, and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.
(Ord. 473 § 8, 1982)
If a commercial vehicle disposer is not available to the town, the city council may designate a suitable disposal site, and it may make final disposition of such vehicles or parts; or may transfer such vehicle or parts to another governmental agency or entity, provided such disposal shall be only as scrap.
(Ord. 473 § 9, 1982)
No person shall have the right to tow, remove, impound or otherwise disturb any motor vehicle other than an abandoned vehicle as defined in RCW 46.52.102, which may be parked, stalled or otherwise left on private property, other than family residential property, owned or controlled by such person, unless there is posted on or near the property in a clearly conspicuous location a sign or notice in compliance with rules and regulations of the director of licensing providing for, without limitation, specifications for signs and posting thereof by persons intending to have unauthorized vehicles removed from property other than family residential property. Such regulations shall provide for notification to any person of the intent of the property holder to remove any unauthorized vehicles and sufficient information to assist in the prompt recovery of any vehicle removed. Such regulations shall require as a minimum that the language on any such sign provide:
(1) 
Notice that unauthorized vehicles will be removed;
(2) 
The name, telephone number and location of the towing firm authorized to remove vehicles.
(Ord. 473 § 12, 1982)
The removal from private property and the disposition of such vehicle or vehicle hulks shall be done in accordance with the provisions of Chapter 46.52 Revised Code of Washington, which provisions are incorporated herein as if set forth in full.
(Ord. 473 § 13, 1982)
Costs of removal of abandoned, wrecked, junked, dismantled or inoperative vehicles or automobile hulks or parts thereof from private property, may be assessed against the last registered owner of the vehicle or automobile hulk if the identity of such owner can be determined, unless such owner in the transfer of ownership of such vehicle or automobile hulk has complied with Revised Code of Washington 46.52.104, and the costs may be assessed against the owner of the property on which the vehicle is stored.
(Ord. 473 § 4, 1982)
The expense of removing and disposing of said vehicle, hulk or vehicle part, shall be assessed against the registered owner of such vehicle and shall be collected as a lien from the sale proceeds of the vehicle and if sufficient funds are not realized to pay such expense, the city may file a lien against the real property upon which the vehicle or part is situated and foreclose the lien in the manner provided by law for the foreclosure of municipal water and sewer liens.
(Ord. 473 § 16, 1982)
Any police officer of the city is authorized to go upon private property for the purpose of investigating vehicles, hulks, or parts thereof, referred to in this chapter, which are in plain view, without a warrant and without the consent of the owner of the vehicle or the owner of the property on which it is situated.
(Ord. 473 § 14, 1982)
Violation of the terms of this chapter or the obstructing of the procedures provided for herein, or the resisting of an investigation or the lawful removal of a vehicle, shall constitute a misdemeanor and shall be punishable by a fine of three hundred dollars, for each violation.
(Ord. 473 § 15, 1982)