The purpose and intent of this chapter is to provide for and implement the greatest powers possible for facilitating the removal of junk vehicles, parts thereof, and automobile hulks from public and private property as authorized in accordance with any amendments that may hereafter been made. (Ord. 1165 § 2 (part), 2005).

The following words and terms used in this chapter shall have the following meanings except where otherwise defined in this chapter, and unless where used the context thereof clearly indicates to the contrary:
“Automobile hulk” means an automobile hulk, whether abandoned or not and further as defined in RCW 46.79.010(2) as now enacted or hereafter amended.
“Junk vehicle” means a junk vehicle as defined in RCW 46.55.010(4) as now enacted or hereafter amended.
“Landowner” means a landowner as now defined in RCW 46. 55.230(7) as now enacted or hereafter amended. (Ord. 1165 § 2 (part), 2005).

The storing or keeping of junk vehicles, parts thereof, or automobile hulks on public or private property is declared to be a public nuisance, except as provided for in Section 10.12.060 of this chapter. Such public nuisance may be abated as provided for in Sections 10.12.040 and 10.12.050 of this chapter. (Ord. 1165 § 2 (part), 2005).

A. The department of buildings and codes and/or the police department (administrative authority) is empowered to inspect and investigate complaints about the storing or keeping of junk vehicles, parts thereof, and automobile hulks on public and private property. Upon discovery of an alleged junk vehicle, parts thereof, or automobile hulk, the administrative authority may contact the landowner of the property where the junk vehicle, parts thereof, or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. If the landowner claims no ownership interest or bailment responsibility, the administrative authority shall request the landowner to execute a statement to that effect under penalty of perjury.
B. If the landowner claims an ownership interest or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk located on his or her property, and the landowner does not within fifteen calendar days after notification by the administrative authority voluntarily abate the nuisance either by removing it from the property or enclosing it as provided for in Section 10.12.060(A) of this chapter, the administration authority may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided for in Section 10.12.050 of this chapter.
C. Upon execution by the landowner of the statement of no ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk, the administrative authority shall cause a junk vehicle notification form to be mailed to the vehicle’s registered legal owner of record by certified mail, return receipt requested. Additionally, this notification shall inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed for more than fifteen calendar days after the junk vehicle notification form has been received, the administrative authority may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
D. If no information identifying the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership interest or bailment responsibility, the administrative authority may place a legal notice of custody and sale in the official newspaper of the city. This notice shall comply with the provision of RCW 46.55.230(5), as now enacted or hereafter amended, and shall additionally inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than twenty days after publication of the notice, the administrative authority may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord. 1165 § 2 (part), 2005).

A. If the landowner claims an ownership interest in or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk located on his property upon contact by the administrative authority as provided for in Section 10.12.040(B) of this chapter, then the matter shall be referred to the nuisance and housing enforcement officer for possible further action.
B. After referral to the nuisance and housing enforcement officer as provided for in subsection A of this section, the nuisance and housing enforcement officer may give notice to any landowner storing or keeping a junk vehicle, parts thereof, or automobile hulk within any zone in the city that such junk vehicle, parts thereof, or automobile hulk is a public nuisance which must be abated by the landowner within fifteen calendar days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the landowner’s property; and, that the costs of such removal, including administrative costs, shall be assessed against the registered owner of the junk vehicle, parts thereof, or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the junk vehicle, parts thereof, or automobile hulk is stored. This notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the city’s proposed removal of the junk vehicle, parts thereof, or automobile hulk. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the landowner and the property owner of record if different from the landowner by certified mail, return receipt requested.
C. Notice. The notice required by subsection B of this section shall be substantially the following form:

“JUNK VEHICLE, PARTS THEREOF, OR AUTOMOBILE HULK REMOVAL NOTICE”

A junk vehicle(s), parts thereof, or automobile hulk(s) described as: ___________________ has been discovered by the City of Kalama located at (Street Address) _______________ described as __________________________________ (legal) within the City of Kalama which is shown by public record to be the real property of ___________________ the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as: ___________________

All of you are informed that such junk vehicle, parts thereof, or automobile hulk(s) (is) (are) a public nuisance and unless such nuisance is abated within fifteen (15) calendar days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in Kalama City Code 10.12.060 (A), the City of Kalama will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen days after you or your representative receives this notice as shown on the return receipt for this certified mail. The costs of removal, including administrative costs, will be assessed against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the landowner.

You may request a hearing before the Kalama Municipal Court to contest: the City’s determination that the above described junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance, the abatement thereof, or that you are legally responsible for these junk vehicle(s), parts thereof, or automobile hulk(s). To request this hearing, one of you must notify the undersigned in writing at the address below within ten (10) days of the date you or your representative received this notice as shown on the return receipt for this certified mail. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Kalama and the costs thereof, including towing, storage, and other administrative costs, shall be assessed against all or any one of you.

DATED this _____ day of __________, 19_____.

_________________________

NUISANCE AND HOUSING

ENFORCEMENT OFFICER

City of Kalama

Kalama, Washington 98625

(360) 673-4562

D. After the expiration of the fifteen calendar days provided for in the notice to the registered owner and landowner if no hearing has been requested; or, after a hearing if requested and such action is authorized by the court, the enforcement officer may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal, including administrative costs, shall be taxed against the registered owner and/or landowner jointly and severally; and notice shall be given to the Washington State Patrol and the Department of Licensing that the junk vehicle, parts thereof, or automobile hulk has been wrecked.
E. If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk, or the landowner requests a hearing before the Kalama Municipal Court to contest either: (a) the city’s determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance, or (b) the abatement thereof, or (c) the legal responsibility of either or both the registered owner and/or landowner for the junk vehicle, parts thereof, or automobile hulk, the hearing shall be conducted after a written notice of the date, time, and place of such hearing is 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 last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The hearing shall be held within thirty days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing, except pursuant to court order.
The landowner may appear in person at said hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle, parts thereof, or automobile hulk on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle, parts thereof, or automobile hulk was or were placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced in its presence, then the court shall not assess costs of administration or removal of the junk vehicle, parts thereof, or automobile hulk against the property upon which the junk vehicle, parts thereof, or automobile hulk is located or otherwise attempt to collect the costs from the owner. (Ord. 1165 § 2 (part), 2005).

The provisions of this chapter shall not apply under the following conditions:
A. If a junk vehicle, parts thereof, or automobile hulk is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
B. If a junk vehicle, parts thereof, or automobile hulk 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 according to RCW 46.80.130 as now enacted or hereafter amended. (Ord. 1165 § 2 (part), 2005).

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. 1165 § 2 (part), 2005).

With respect to the types of vehicles described herein, the procedures set forth in this chapter shall supersede those described in Chapter 7.04 of the Kalama Municipal Code. (Ord. 1165 § 2 (part), 2005).