The findings and recitals of the ordinance codified in this chapter are hereby found to be true and correct and are hereby adopted as the express findings of the legislative body.
(Ord. 1030 § 1, 1974; Ord. 1157, 1998)
This chapter shall be known as the "abandoned vehicle/vehicle hulk chapter of Lewis County, Washington."
(Ord. 1030 § 2, 1974; Ord. 1157, 1998)
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) 
"Vehicle"
means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(2) 
"Vehicle hulk"
means a remnant or remains of a vehicle which is inoperative and cannot be made mechanically operative without the addition of essential parts or mechanisms, together with the application of a substantial amount of labor to effect repairs, or any wrecked or dismantled vehicle, or part thereof.
(3) 
"Abandoned vehicle on public real property"
means any vehicle which remains in substantially the same location for a period of 10 continuous days or longer on any public thoroughfare, right-of-way, or real property owned by the county of Lewis or a governmental body, and is still remaining in substantially the same location after a period of 10 additional days or longer from the date written notice is mailed by the Lewis County sheriff's department, by certified mail, with the return receipt requested, to the last known registered legal owner of any such vehicle.
(Ord. 1030 § 3, 1974; Ord. 1157, 1998)
It shall be unlawful for any person to place or leave any vehicle or vehicle hulk, or permit any vehicle or vehicle hulk registered in his name to be placed or left on private real property within the unincorporated area of Lewis County, owned or occupied by a person other than the vehicle owner, without the expressed or implied consent of the owner or occupant of the private real property.
(Ord. 1030 § 4, 1974; Ord. 1157, 1998)
It shall be unlawful for any person to place or leave a vehicle, or permit a vehicle registered in his name to be placed or left on a public thoroughfare or right-of-way within the unincorporated area of Lewis County, or on real property owned by Lewis County, in such a manner and at such a time that the vehicle constitutes an "abandoned vehicle on public property" as defined in LCC § 8.05.030.
(Ord. 1030 § 5, 1974; Ord. 1157, 1998)
It shall be unlawful for any person to place or leave a vehicle hulk, or permit a vehicle hulk registered in his name to be placed or left, on any public thoroughfare or right-of-way within the unincorporated area of Lewis County or on real property owned by Lewis County.
(Ord. 1030 § 6, 1974; Ord. 1157, 1998)
It shall be unlawful for any person, as owner or occupant of private real property in the unincorporated area of Lewis County, to place, keep, or allow to remain, any vehicle hulk upon such private real property, unless:
(1) 
Such vehicle hulk, or part thereof, is completely enclosed within a building or fence in a lawful manner and not visible from a public thoroughfare or other private real property; or
(2) 
Such vehicle hulk, or part thereof, be stored or parked in a lawful manner in connection with the business of a duly licensed vehicle wrecker or duly licensed vehicle dealer, located on private real property fenced in accordance with the provisions of RCW 46.80.130; or
(3) 
Such vehicle hulk, or part thereof, be stored or parked on private real property in connection with the business of a duly licensed auto wrecking yard or junkyard fenced in accordance with the provisions of applicable state laws or county ordinances.
(Ord. 1030 § 7, 1974; Ord. 1157, 1998)
(1) 
It shall be unlawful for any person, other than the owner or occupant of the private real property upon which a vehicle is located, to dismantle a vehicle and leave the parts or remains thereof on said real property.
(2) 
Any person dismantling as agent for the owner of the real property upon which the vehicle is located must, within 10 days of the date of commencing dismantling, remove all vehicle remnants or remains from the real property and dispose of same in a licensed junkyard, county vehicle hulk storage facility, or a duly licensed scrap metal processor.
(Ord. 1030 § 8, 1974; Ord. 1157, 1998)
The sheriff of Lewis County shall be responsible for the enforcement of this chapter and shall have the duty to cause the abatement and removal of any vehicle or vehicle hulk or part thereof declared by this chapter to constitute a public nuisance.
(Ord. 1030 § 9, 1974; Ord. 1157, 1998)
Any vehicle or vehicle hulk placed, left or existing on private or public property in violation of LCC § 8.05.040 through § 8.05.080 is hereby declared to constitute a public nuisance, and the sheriff of Lewis County is hereby authorized to commence procedures set forth herein for the abatement of said nuisance.
(Ord. 1030 § 10, 1974; Ord. 1157, 1998)
(1) 
Notice of Opportunity for Hearing. Where the registered owner of the offending vehicle or vehicle hulk, or the owner or occupant of the real property on which the offending vehicle or vehicle hulk is located, fails to immediately abate the nuisance upon oral notice to do so by the sheriff of Lewis County or his deputy, the sheriff, or his designee, prior to the removal and impoundment of any such vehicle or vehicle hulk, shall cause written notice to be given to the last registered owner of record of such vehicle or vehicle hulk and to the private property owner of record upon whose property the offending vehicle or vehicle hulk is located, that a public hearing may be requested in writing before Lewis County Hearing Examiner pursuant to Chapter 2.25 LCC, as a substantive hearing, and that if no hearing is so requested within 10 days of receipt of sheriff's notice, the offending vehicle or vehicle hulk will be removed, impounded, and disposed of, and cost therefor assessed in accordance with this chapter.
(2) 
Hearing. A person to whom such notice is given may obtain a hearing before Lewis County Hearing Examiner pursuant to Chapter 2.25 LCC upon the issue of removal and impoundment of such abandoned vehicle or vehicle hulk as a public nuisance, and upon the issue of liability of cost of abatement, by making a written request to Lewis County Hearing Examiner pursuant to Chapter 2.25 LCC for such hearing. If such a request is made Lewis County Hearing Examiner pursuant to Chapter 2.25 LCC or the Examiner's designee shall mail, by certified or registered mail with a return receipt requested, to the owner of the real property as shown on the last equalized assessment roll, and to the last registered and legal owner of record of such offending vehicle or vehicle hulk, unless the vehicle or vehicle hulk is in such condition that identification numbers are not available to determine ownership, a notice giving the time, location, and date of hearing before said Examiner. Said hearing shall be scheduled to be held not less than 10 days nor more than 30 following the receipt of the request for such hearing. The applicant for hearing may appear in person at such hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the abandoned vehicle or vehicle hulk on the real property. Such applicant shall state his reasons for the denial of responsibility.
(3) 
Determination of Liability for Costs. If it be determined at the hearing that the offending vehicle or vehicle hulk was placed on the real property without the consent or request of the landowner or occupant of the real property, and that such person has not subsequently intentionally acquiesced to its presence, then the Examiner shall not assess the costs of complete abatement against, or otherwise collect such costs from, such person. If it be determined at the hearing that the offending vehicle or vehicle hulk was placed on the real property without the consent, request, or knowledge of the registered owner of the vehicle or vehicle hulk, and that such person has not subsequently intentionally acquiesced to its presence, then the Examiner shall not assess the cost of complete abatement against, or otherwise collect such costs from, such registered owner. In the event the Examiner makes an assessment of abatement costs, such costs shall constitute a lien against such vehicle, and any revenue derived from disposal of said vehicle shall be applied against said costs, and the county may collect the balance, if any, by appropriate legal action brought against the proper party.
(4) 
Disposition of Vehicle. After hearing has been held, or upon failure to request a hearing, upon the Examiner determining a nuisance to exist, the offending vehicle or vehicle hulk shall be removed and impounded at the direction of the examiner, the sheriff, or his designee, and shall be disposed of in such manner as directed by the examiner or the sheriff.
(5) 
Lien and Redemption. All costs incurred by the county of Lewis in the removal and storage of an impounded vehicle or vehicle hulk shall be a lien upon the vehicle or vehicle hulk. The owner or agent of an impounded vehicle or vehicle hulk may redeem the same prior to its sale or other disposal by payment of all such costs, which shall include towing and storage fees, and by furnishing evidence of his identity and ownership, or agent for ownership, satisfactory to the examiner or the sheriff, and upon signing a written receipt for the redeemed vehicle or vehicle hulk, and showing evidence of payment of said costs.
(6) 
County Contract for Work. The county of Lewis may operate a disposal or storage site for the impounded vehicles when commercial channels for immediate disposition are not available or are inadequate. Thereafter, the examiner may dispose of such vehicles in such manner as appear best in the public interest. The court may contract with bulk haulers or tow truck operators for the periodic pick-up and impoundment of offending vehicles.
(Ord. 1030 § 11, 1974; Ord. 1157, 1998)