As used in TMC Chapter 8.24, the following definitions shall have the meanings set forth below:
1. 
"Code enforcement officer"
is Tukwila’s Code Enforcement Officer or his or her designee as set forth in TMC Section 8.45.030, or an officer of the Tukwila Police Department.
2. 
"Hearing examiner"
is that person authorized by TMC Chapter 2.76 to hear appeals and other matters as set forth therein, or his or her designee.
3. 
"Junk vehicle"
is a vehicle that meets three or more of the following requirements:
a. 
Is three years old or older;
b. 
Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield; or missing wheels, tires, motor, or transmission;
c. 
Is apparently inoperable;
d. 
Is without valid, current license plates or is unregistered; or
e. 
Has an approximate fair market value equal only to the approximate value of the scrap in it. “Junk vehicle” also includes a partially disassembled vehicle or individual parts of vehicles no longer attached to one another.
4. 
"Repeat violator"
is a person, entity or agent thereof, who has received a Notice of Violation for the same property two times within one calendar year.
(Ord. 2045 § 1 (part), 2004; Ord. 2549 § 5, 2017)
It is unlawful for any person to keep, store or park, or permit any other person to keep, store or park, any junk vehicle upon any privately-owned property in the City of Tukwila. This ordinance shall not apply to:
1. 
A junk 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 junk 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 pursuant to the Revised Code of Washington Title 46, Chapter 80, Section 130.
(Ord. 2045 § 1 (part), 2004)
A. 
The Code Enforcement Officer is authorized to issue and serve a Notice of Violation pursuant to TMC Section 8.45.070 upon reasonable belief that a violation of one or more provisions of TMC Chapter 8.24 has occurred.
B. 
The Notice of Violation shall be issued to the property owner of record upon which land, as shown on the last equalized assessment roll, a vehicle deemed to be in violation of TMC Chapter 8.24 is located; and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition or location that identification numbers are not available or accessible by the Code Enforcement Officer to determine ownership.
C. 
The Notice of Violation shall be delivered by mailing a copy to such person, at his/her last known address as determined by the Code Enforcement Officer.
D. 
A Notice of Violation shall contain substantially the following information:
1. 
The name and address of the person to whom the Notice of Violation is issued;
2. 
The location of the subject property by address or other description sufficient for identification of the subject property;
3. 
A description of the vehicle and its location, and the reasons for which the City deems it to be a public nuisance in violation of TMC Chapter 8.24;
4. 
A statement of the corrective action that the Code Enforcement Officer believes necessary to comply with the provisions of TMC Chapter 8.24, and a date by which compliance is required in order to avoid further enforcement action by the Code Enforcement Officer;
5. 
A statement that if any of the persons to whom the Notice of Violation is issued wish to contest the Notice of Violation, they must request a hearing before the Hearing Examiner pursuant to TMC Section 8.24.040;
6. 
A statement that if the persons to whom the Notice of Violation is issued fail to complete the corrective action and provide notice of same to the Code Enforcement Officer by the date for compliance specified in the Notice of Violation, fail to appear at the hearing, or fail to demonstrate at the hearing that the Notice of Violation should not be sustained, the City or its designee shall remove, impound and dispose of or sell the vehicle, and will assess all costs of administration and removal against the owner of the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the vehicle; and
7. 
A statement that the owner of the land upon which the vehicle is located may provide a written statement, in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land with his or her reasons for the denial, as provided in TMC Section 8.24.040.
(Ord. 2045 § 1 (part), 2004; Ord. 2549 § 6, 2017)
A hearing on a Notice of Violation shall be held before the Hearing Examiner in accordance with the provisions set forth in TMC Section 8.45.110, and the Hearing Examiner shall have the same powers as set forth therein. The time limit for an appeal of a Notice of Violation is 10 days as set forth in TMC Section 8.45.110.A. If a request for a hearing is received, a notice giving the time, location and date of the hearing 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 vehicle's last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. 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 or her 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/she has not subsequently given consent without protest in the presence of the vehicle, then the Hearing Examiner 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 property owner.
(Ord. 2045 § 1 (part), 2004; Ord. 2549 § 7, 2017)
The decision issued by the Hearing Examiner shall be issued and sent to the persons named in the Notice of Violation pursuant to TMC Section 8.45.110.C. Thereafter, violation of TMC Chapter 8.24 shall constitute a misdemeanor, and a separate misdemeanor shall be committed for each day that an order is violated.
(Ord. 2045 § 1 (part), 2004; Ord. 2549 § 8, 2017)
The monetary penalty for violation of the Notice of Violation issued pursuant to TMC Chapter 8.24 shall be assessed in the amounts set forth in TMC Chapter 8.45. Payment of a monetary penalty pursuant to TMC Chapter 8.24 does not relieve the person(s) to whom the Notice of Violation was issued of the duty to correct the violation or preclude the City from taking action to abate the situation as provided herein. The monetary penalty constitutes an obligation of the person(s) to whom the Notice of Violation is issued.
(Ord. 2045 § 1 (part), 2004; Ord. 2549 § 9, 2017)
A. 
After a Notice of Violation or Notice of Repeated Violation has been served pursuant to TMC Section 8.24.030C, a hearing shall be held if requested by the violator or pursuant to TMC Section 8.24.080. If the violation is sustained during the hearing, or where no hearing is requested, or the violator fails to appear at the hearing, a junk vehicle shall be removed by a registered disposer pursuant to TMC Section 9.32.100, and disposed of at the request of the Code Enforcement Officer. The Code Enforcement Officer shall provide notice to the Washington State Patrol and the Washington State Department of Licensing if the vehicle has been disposed of.
B. 
After a Civil Infraction Citation has been served pursuant to TMC Section 8.24.030C, a hearing shall be held before the Municipal Court. If the violation is sustained during the hearing, or the violator fails to appear at the hearing, a fine shall be imposed pursuant to TMC Section 8.24.060.
C. 
Costs of removal may be assessed against the 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, subject to TMC Section 8.24.070E.
D. 
The impounding of a vehicle shall not preclude charging the violator with any violation of the law through which such vehicle was impounded.
E. 
The City is authorized to take action to collect the monetary penalty, including filing civil actions or turning the matter over to collection, in which case costs incurred by the City as a result of the collection process shall be assessed to the violator in addition to the monetary penalty. Any such assessment shall be offset by the amount received by the City for sale of the junk vehicle or improperly stored vehicle, if any.
F. 
In addition to, or in lieu of, any other State or local provisions for the recovery of costs or penalites incurred or assessed under TMC Chapter 8.24, the City Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an assessment amount equal to the cost of removal of the junk vehicle and/or any associated penalties and collections to the tax rolls against the property for the current year, and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020. The assessment certified by the City Treasurer shall be offset by the amount received by the City for sale of the junk vehicle, if any.
(Ord. 2045 § 1 (part), 2004)
If a person is a repeat violator as defined in TMC Section 8.24.010, the Code Enforcement Officer shall issue a Notice of Repeated Violation. A Notice of Repeated Violation shall be issued and served as provided in TMC Section 8.24.030C, but need not include a description of the corrective action necessary to eliminate the violation or a date by which the corrective action must be completed to avoid a hearing before the violation’s Hearing Examiner. The Notice of Repeated Violation shall notify the person receiving the notice that due to the repeat nature of his/her violations, the Code Enforcement Officer shall seek an order from the Hearing Examiner, at the date and time set forth in the citation, granting any and all relief to which the City is entitled under TMC Chapter 8.24.
(Ord. 2045 § 1 (part), 2004)