§ 9.28.060. Abatement and removal of vehicle hulks and abandoned vehicles.

(a)

The storage or retention of a vehicle hulk and/or abandoned vehicle on private property is declared to constitute a public nuisance subject to removal and impoundment. The police or code enforcement officer shall inspect and investigate complaints relative to vehicle hulks and/or abandoned vehicles, or parts thereof on private property. Upon discovery of such nuisance, the police department or code enforcement officer shall give notice in writing to the last registered owner of record of the vehicle hulk and/or abandoned vehicle and also to the property owner of record that a public hearing may be requested before the Union Gap municipal court and that, if no hearing is requested, in writing, within ten (10) days, the vehicle hulk and/or abandoned vehicle will be removed. Cost of removal may be assessed against the last registered owner of the vehicle hulk and/or abandoned vehicle if the identity of such owner can be determined, or the cost may be assessed against the owner of the property on which the vehicle hulk and/or abandoned vehicle is stored.

(b)

If a written request for a hearing is received, a notice giving the time, location and date of such hearing on the question of removal and impoundment of the vehicle hulk and/or abandoned vehicle or part 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 of the county assessor and to the last registered and legal owner of record of the vehicle hulk and/or abandoned vehicle unless the vehicle hulk and/or abandoned vehicle is in such condition that identification numbers are not available to determine ownership.

(c)

This section shall not apply to:

(1)

A vehicle or vehicle hulk or part thereof, which is completely enclosed within a building in a lawful manner so as not be visible from the highway or other public or private property; or

(2)

A vehicle or vehicle hulk or part thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer fenced according to the provisions of RCW 46.80.130.

(d)

The owner of the land on which the vehicle hulk and/or abandoned 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 hulk and/or abandoned vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle hulk and/or abandoned vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the court shall not assess costs of administration or removal of the vehicle hulk and/or abandoned vehicle against the property upon which the hulk is located or otherwise collect such costs from the property owner.

(e)

After notice has been given of the intent of the city to dispose of the vehicle hulk and/or abandoned vehicle and after a hearing, if requested, has been held, the vehicle or part thereof, shall be removed, at the request of a police or code enforcement officer; and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the department that the vehicle has been wrecked.

(f)

The city may, within thirty days after removal of a vehicle hulk and/or abandoned vehicle, from private property, file for record with the county auditor to claim a lien for the cost of removal, which shall be in substance in accordance with the provisions covering mechanics' liens in RCW Chapter 60.04, and said lien shall be foreclosed in the same manner as such liens.

(Ord. 1869 § 1, 1995: Ord. 1213 (part), 1988)