[1]
Note: Chapter 8.23, Junk Vehicles, was repealed and reenacted as Public Nuisance Vehicles by Ord. 27536, 2006-10-17. Previous legislation: Ord. 24533, 1990-01-02; Ord. 25531, 1994-06-28; Ord. 26934, 2002-03-5.
A. 
It is the purpose and intent of the City Council that this chapter will eliminate the effects of the accumulation of damaged or inoperable vehicles on private property or public property, including rights-of-way, which create blight; depress land values; generate health hazards; damage the environment, including numerous species of fish and wildlife; provide breeding areas for pests, such as rodents, hornets, and mosquitoes; attract illegal dumping of other solid waste and hazardous substances; and lead to criminal behavior detrimentally affecting the health and safety of communities and neighborhoods in the City of Tacoma.
B. 
It is the intent of the City Council to:
1. 
Declare that it is a public nuisance and unlawful to accumulate, dismantle, park, place, or store Public Nuisance Vehicles on public or private property in the City of Tacoma;
2. 
Decrease the likelihood of criminal conduct associated with the unlawful accumulation, dismantling, parking, placing, or storage of Public Nuisance Vehicles;
3. 
Reduce the inherent public health and safety problems associated with the unlawful accumulation, dismantling, parking, placing, or storage of Public Nuisance Vehicles;
4. 
Minimize the likelihood of injury resulting from children playing on or around Public Nuisance Vehicles; and
5. 
Establish procedures for the removal and abatement of Public Nuisance Vehicles that have been unlawfully accumulated, dismantled, parked, placed, or stored.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25)
For purposes of this chapter, certain terms, phrases, and words, and their derivatives, shall have specific meanings, as defined in this section. Terms, phrases, and words used in the singular shall also apply to the plural; terms, phrases, and words used in the plural shall also apply to the singular.
“Apparently inoperable”
means:
1. 
That the Vehicle does not appear to comply with requirements for safe and legal operation on public streets or highways with regard to licensing, brakes, lights, tires, safety glass, or other safety equipment; or
2. 
A Vehicle that has been determined by the Tacoma-Pierce County Health Department to be unfit for use due to contamination from methamphetamine or other substances, which are harmful to human health or the environment; or
3. 
Other circumstances or conditions that are evidence that the Vehicle is not currently operable, including, but not limited to, a Vehicle having its passenger compartment filled with trash or debris, vegetation growing inside, around, or on the vehicle, or other evidence that the vehicle has not been moved for an extended period of time.
“Extensively damaged”
means such damage including, but not limited to, any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission.
“Landowner”
means the owner of the property, as shown in the records of the Pierce County Assessor.
“Law enforcement officer”
means, for purposes of this chapter, any commissioned police officer and any person holding a limited commission to enforce this chapter or chapter 46.55 RCW.
“Public nuisance vehicle”
is a Vehicle, or the parts of a Vehicle, which meets three of the following criteria: (1) is Extensively Damaged; (2) is Apparently Inoperable; (3) is three years old or older; and (4) has an approximate fair market value equal to the scrap value; provided, that the following shall be exempt from the foregoing definition:
1. 
The Vehicle, or parts thereof, is completely enclosed within a building; or
2. 
The Vehicle, or parts thereof, is stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler; motor vehicle wrecker; licensed vehicle dealer; junk, salvage, or wrecking yard; provided, that the business is in compliance with the provisions of the Tacoma Municipal Code and the property is fenced, as required by RCW 46.80.130.
“Public official”
means any official designated by the City Manager, or his or her designee, authorized to enforce this chapter, including, but not limited to, officials of the Police Department, Fire Department, Public Works Department, Finance Department, or the Tacoma-Pierce County Health Department charged with the enforcement of a particular portion of this chapter.
“Vehicle”
shall include, but not be limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, boat trailers, utility trailers, or other similar devices capable of moving or being moved on the public right-of-way, and shall also include parts of vehicles.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25; Ord. 28272 Ex. C, 2014-12-16)
As more specifically provided herein, the City Manager, or his or her designee, or any Law Enforcement Officer may enforce this chapter.
(Ord. 27536 § 1, 2006-10-17; Ord. 28108 Ex. G, 2012-12-04)
One or more Public Nuisance Vehicles, or parts thereof, which have been accumulated, dismantled, parked, placed, or stored on any property, constitute a public nuisance which shall be abated pursuant to the provisions of this chapter and through the authority given the City under the Tacoma City Charter and the Laws and Constitution of the State Washington. It is further declared to be the duty of every Landowner in Tacoma to maintain his or her property in a lawful manner and exercise reasonable diligence to ensure that it remains free of Public Nuisance Vehicles, and every successive owner of the property or premises shall assume the duty relative to preexisting conditions for which he or she had notice, actual, or constructive. A Public Nuisance Vehicle is further declared to be an “unauthorized vehicle” within the meaning of RCW 46.55.085.
(Ord. 27536 § 1, 2006-10-17)
A. 
Any Law Enforcement Officer discovering an unauthorized Public Nuisance Vehicle left on public property or within a public right-of-way shall attach to the Vehicle a readily visible notification sticker. The sticker shall contain the following information:
1. 
The date and time the sticker was attached; and
2. 
The identity of the Law Enforcement Officer; and
3. 
A statement that if the Vehicle is not removed within 24 hours from the time the sticker is attached, the Vehicle may be taken into custody and stored at the owner's expense; and
4. 
If the Vehicle is on public property, a statement that if the Vehicle is not redeemed, as provided in RCW 46.55.120, the Vehicle will be disposed of in accordance with state law; and
5. 
If the Vehicle is within the right-of-way, a statement that if the Vehicle is not redeemed, as provided in RCW 46.55.120, the registered owner will have committed the traffic infraction of littering – abandoned Vehicle and the Vehicle will be disposed of in accordance with state law; and
6. 
The address and telephone number where additional information may be obtained.
B. 
If the Vehicle has current Washington State registration plates, the Law Enforcement Officer shall check the records to learn the identity of the last owner of record. The Law Enforcement Officer shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
C. 
If the Vehicle is not removed within 24 hours from the time the notification sticker is attached, the Law Enforcement Officer may take custody of the Vehicle and provide for the Vehicle's removal to a place of safety. A Vehicle that does not pose a safety hazard may remain on the roadside for more than 24 hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
D. 
For the purposes of this section, a place of safety includes the business location of a registered tow truck operator.
(Ord. 27536 § 1, 2006-10-17)
A. 
A Public Official is authorized to issue a Notice of Violation and Abatement upon reasonable belief that a condition prohibited by this chapter exists.
B. 
The Notice of Violation and Abatement shall be issued to the Landowner, as shown by the records of the Pierce County Assessor, and to the last registered owner of record of the Vehicle, if that person can be determined.
C. 
The Notice of Violation and Abatement shall be served by mailing a copy of said notice to the Landowner and to the last registered owner of record of the Vehicle, if that person can be determined, by first-class and certified mail.
D. 
The Notice of Violation and Abatement shall contain substantially the following information if it is reasonably obtainable:
1. 
The name and address of the person to whom the notice 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 this chapter;
4. 
A description of the corrective action necessary to eliminate the violation;
5. 
The date by which the corrective action must be completed;
6. 
A statement that if any of the persons to whom the Notice of Violation and Abatement is issued wish to appeal said notice, they may submit a written Notice of Appeal to the City Clerk to request a hearing before the Hearing Examiner.
7. 
A statement that if the persons to whom the Notice of Violation and Abatement is issued fail to submit a Notice of Appeal within 10 calendar days of the date of the Notice or fail to voluntarily abate the nuisance within 18 calendar days of the date of the Notice, the City will abate the nuisance by removing and disposing of the Vehicle and will assess all costs of administration and removal against the Landowner.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25; Ord. 28272 Ex. C, 2014-12-16)
A. 
Within ten calendar days of the date of a Notice of Violation and Abatement, the Landowner and/or the last registered owner of record of the Vehicle may submit a written Notice of Appeal to the City Clerk to appeal the Notice of Violation and Abatement.
B. 
The recipient of a Notice of Violation and Abatement may appeal:
1. 
Whether the Public Official appropriately identified the Vehicle as a Public Nuisance Vehicle; or
2. 
Whether the Landowner should not be held responsible for the nuisance because the Landowner did not consent to the presence of the Public Nuisance Vehicle and has not subsequently acquiesced in its presence; or
3. 
Whether the last registered owner of record of the Vehicle should not be held responsible for the nuisance because said owner, in the transfer of ownership of the Vehicle, has complied with RCW 46.12.101; or
4. 
The Notice of Appeal shall specify the specific ground(s) of appeal.
C. 
If a request for a hearing is received, the Public Official shall mail 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, 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 identification numbers are not available to determine ownership.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25)
A. 
The appeal of a Notice of Violation and Abatement shall be heard by the Hearing Examiner.
B. 
The Hearing Examiner, will conduct the hearing required by this chapter no more than 18 calendar days after the Public Official issues the Notice of Hearing.
C. 
The hearing will address the grounds of appeal allowed in TMC § 8.23.060, which were stated in the Notice of Appeal. If the Hearing Examiner, determines that multiple parties share responsibility for the nuisance, the Hearing Examiner, will allocate the assessment of costs of administration, removal, and disposal among the responsible parties.
D. 
The hearing shall be conducted in accordance with 1.23 TMC and the Hearing Examiner rules.
E. 
The City shall have the burden of proof to establish by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable.
F. 
The Hearing Examiner shall determine whether the City has established, by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable and shall affirm, modify, or vacate the Public Official’s decisions regarding the alleged violation and/or the required corrective action.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25; Ord. 28272 Ex. C, 2014-12-16)
A. 
If affirming the Public Official’s Notice of Violation and Abatement, the Hearing Examiner may assess administrative costs or costs related to the abatement of the violator’s Vehicle. The Hearing Examiner may also order the refund of hearings fees to parties deemed not responsible for the violation.
B. 
If it is determined at the hearing that the Vehicle was placed on the land without the consent of the Landowner and that he or she has not subsequently acquiesced in its presence, then the Hearing Examiner order 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 Landowner.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25; Ord. 28272 Ex. C, 2014-12-16)
A. 
Commencing 18 calendar days after the date of the Notice of Violation and Abatement, if no appeal had been filed, or 15 calendar days after the issuance of an Order from the Hearing Examiner resulting in authority to remove the Vehicle, the Public Official shall cause the removal and disposal of the Vehicle, or part thereof, as soon as practicable. The Public Official will provide notice to the Washington State Patrol and the Washington State Department of Licensing that the Vehicle has been processed in accordance with the laws of the state of Washington. The Vehicle shall only be disposed of as scrap.
B. 
The City may file a lien for the cost of any abatement proceedings under this chapter and all other related costs against the real property on which the monetary penalty was imposed or any of the work of abatement was performed, except no lien shall attach to the real property if the Landowner was found not responsible in the Order issued by the Hearing Examiner. The lien shall run with the land, but shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be in parity. Any claim of lien shall contain sufficient information regarding the Notice of Violation and Abatement, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.
C. 
In addition to a lien, the City may pursue collection of the cost of any abatement proceedings under this chapter by any other lawful means, including referral to a collection agency.
(Ord. 27536 § 1, 2006-10-17; Ord. 27755 Ex. A, 2008-11-25; Ord. 28272 Ex. C, 2014-12-16)
Using any lawful means, the City may enter upon the subject property and may remove or correct the condition that is subject to abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition. When a Law Enforcement Officer or Public Official has probable cause to believe that a nuisance created by Public Nuisance Vehicles exists on any property in violation of this chapter, he or she may request permission to enter the premises to inspect for evidence thereof if the Landowner is present. If permissive entry cannot be obtained, the Law Enforcement Officer or Prosecuting Attorney may apply to the Pierce County Superior Court for a warrant to enter the property, notwithstanding the inability to locate the Landowner.
(Ord. 27536 § 1, 2006-10-17)
If any provision or section of this chapter shall be held to be void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect.
(Ord. 27536 § 1, 2006-10-17)