The purpose of this chapter is to provide a means as authorized by statute for the abatement of the nuisance of junk vehicles on private property in the city of Newport, thus improving the health, welfare and safety of the citizens of Newport and improving the city's neighborhood as authorized by RCW 46.55.240.
(Ord. 2125 § 1 (Exh. B), 2024)
Junk vehicles and parts thereof are declared to be public nuisances, and it is unlawful for any person, firm or corporation to place or keep a junk vehicle, or part thereof, upon any public or private property within the city, or as owner, occupier or party in control of any real property to allow such vehicle to be placed or kept upon said property.
(Ord. 2125 § 1 (Exh. B), 2024)
For the purposes of this chapter the following terms are hereby defined:
A. 
"Abate"
means to remove, destroy or to otherwise remedy a condition by such means and in such manner as is necessary in the interests of the general health, safety and welfare of the community.
B. 
"Civil infraction"
means a violation of a provision of this chapter for which a monetary penalty as set forth in NMC § 1.16.030 may be imposed under this chapter. Each day in which a violation occurs or continues to exist is a separate violation.
C. 
"Junk vehicle"
means any vehicle substantially meeting three or more of the following requirements (RCW 46.55.010(5)):
1. 
Is three years old or older;
2. 
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;
3. 
Is apparently inoperable;
4. 
Has an approximate fair market value equal only to the approximate value of the scrap in it.
D. 
"Premises"
means any parcel of land, whether improved or not.
E. 
"Landowner" means, in addition to the definition of "owner" in NMC § 1.04.010, any person owning real property, as shown on the real property records of Pend Oreille County or on the last assessment roll for taxes, and shall also mean any lessee, tenant or other person having control or possession of the property.
(Ord. 2125 § 1 (Exh. B), 2024)
It is unlawful and a violation of this chapter for the owner of any residential premises in the city, or the resident on any residential premises in the city, to store, keep or accumulate any junk vehicle or vehicles on such property, or to allow anyone else to store, keep or accumulate junk vehicles on such property; provided, this chapter does not apply to 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 or to a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
(Ord. 2125 § 1 (Exh. B), 2024)
A. 
The police department shall investigate and inspect for violations of this chapter, and when its employee or agent observes a violation, or what the employee or agent believes to be a violation, he/she shall attempt to contact the landowner of the property and make reasonable attempts to get the landowner voluntarily to remove such junk vehicle.
B. 
The police department, prior to issuing a civil infraction, may authorize a "voluntary correction agreement" with the landowner responsible for correcting the condition.
C. 
Any such voluntary correction agreement shall be a contract between the city and the landowner and shall follow a form to be prepared by the city attorney. It shall be entirely voluntary, and no one shall be required to enter into such an agreement.
D. 
In such voluntary correction agreement the landowner shall:
1. 
Acknowledge that a violation exists, as shall be briefly there described;
2. 
Acknowledge that it is his/her responsibility to abate the violation;
3. 
Agree to do so within a specified time;
4. 
Agree to do so according to the conditions to be there agreed to; and
5. 
Also acknowledge that if he/she does not accomplish the terms of such agreement within the time specified therein the city may proceed with issuing a civil infraction in accordance with NMC § 8.30.050.
E. 
The police department may later agree to extend the time limit for correction or may agree to modify the required corrective action, but shall agree to extend or to modify only if the person responsible has shown due diligence and/or substantial progress in correcting the violation but has shown unforeseen circumstances which require such extension or modification.
(Ord. 2125 § 1 (Exh. B), 2024)
A. 
When the police department's attempts at voluntary compliance as set forth in NMC § 8.30.040 are unsuccessful, the police department shall issue a civil infraction to the last registered owner of record of the vehicle and the landowner of record who are responsible for storing or keeping a junk vehicle or parts thereof in violation of this chapter.
(Ord. 2125 § 1 (Exh. B), 2024)
Upon the failure of the landowner to abate the junk vehicle or parts thereof after a civil infraction has been found committed, the city reserves the right to seek a warrant of abatement in accordance with Chapter 7.48 RCW.
(Ord. 2125 § 1 (Exh. B), 2024)
A. 
Before abatement and removal of any junk vehicle or part thereof from private property, the police chief, or his designee, shall give notice to the last registered owner of record of said vehicle and the owner of record of the property upon which the vehicle is located that a public hearing may be requested before the city council and that if no such hearing is requested within 15 days of the date of such notice, the junk vehicle will be removed. If a request for hearing is received, a notice giving the time, location and date of such hearing on the question of the abatement and removal of the vehicle, or parts thereof as a public nuisance shall be mailed, by certified or registered 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 of the vehicle unless the vehicle is in such a condition that identification numbers are not available to determine ownership.
B. 
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 his land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner and that he has not subsequently acquiesced in the presence, then the city council shall not assess costs of administration and removal of the vehicle against the property upon which the vehicle was located or otherwise attempt to collect such costs from the owner.
C. 
This section shall not apply to:
1. 
A vehicle or part thereof that is completely enclosed within a building;
2. 
A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
D. 
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 parts thereof shall be removed at the request of a law enforcement officer and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the Department of Motor Vehicles that it has been wrecked.
E. 
Except as provided in NMC § 8.30.015 and § 8.30.080 the last owner of record of a junk vehicle, or part thereof, and the owner of the property upon which said vehicle, or part thereof, may be located, shall be liable for any costs incurred in removing, storing, and disposing of such vehicle or parts thereof.
(Ord. 2125 § 1 (Exh. B), 2024)
Any person who violates any provision of this chapter shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC § 1.16.030.
(Ord. 2125 § 1 (Exh. B), 2024)
Whenever the city finds an emergency condition results from an unlawful condition under this chapter which threatens the safety of any person or results from refusal of anyone to observe a lawful order under this chapter, the city may summarily abate the condition pursuant to NMC § 8.36.050.
(Ord. 2125 § 1 (Exh. B), 2024)
Authorized city employees may make inspections from public streets or alleys or may enter upon private property with the consent of the owner or occupant thereof to make inspections and also to abate emergency conditions under NMC § 8.30.130.
(Ord. 2125 § 1 (Exh. B), 2024)
This chapter is to protect the public health, safety and welfare and is not enacted to benefit or protect any individual person or any group or class of persons. None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public.
(Ord. 2125 § 1 (Exh. B), 2024)
A. 
Any responsible person who maintains a nuisance in violation of this chapter is guilty of a misdemeanor defined by NMC § 1.16.010.
B. 
In addition to, or as an alternative to any other penalty or billable cost of removal as provided by NMC § 8.30.080(E) or by law, any responsible person who maintains a nuisance in violation of this chapter may be assessed a civil penalty under Chapter 1.16 NMC.
(Ord. 2125 § 1 (Exh. B), 2024)