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Ordinance 03-067 Regulates Storage of Junk Vehicles on Private Property CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 03-067 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. WHEREAS, there currently exists within the City a large number of private properties where junk vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS,the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; WHEREAS, the storage of junk vehicles on private property poses a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of public nuisances is within the police powers of the City of Spokane Valley; Washington; and WHEREAS, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. SECTION 2—Definitions. A. "City" means the City of Spokane Valley, Washington. B. "Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "Hearing Examiner" means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. F. `Inoperable" means incapable of being operated legally on a public highway, including but not limited to, not having a valid, current registration plate or current certificate of registration. Ordinance 03-067 Page I of 6 • c. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 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, 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. H. "Person(s)responsible for a violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle; unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner of the vehicle. I. "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. SECTION 3 — Abatement and removal of junk vehicles from private property. Except as provided in Section 4, all junk vehicles placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this ordinance. SECTION 4—Exceptions. This ordinance does not apply to: A. 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; R. A vehicle or part thereof that 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 the provisions of RCW 46.80.130; C. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this subsection. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. This exception allows up to sixty(60) days for good faith repair. Upon good cause shown, the Director shall have the discretion to grant one additional sixty (60) day exception period to this ordinance. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this ordinance 03-067 Page 24)1'6 exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. n. There shall be allowed as exceptions to this ordinance up to two (2)junk vehicles in UR 3.5 and UR 7 zones, so long as they are completely sight-screened by maintained Type i or ii landscaping, a maintained landscaped berm, or fencing. Types I and II landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones. Concurrent with the adoption of this Ordinance, Spokane Valley Zoning Code provisions 14.616.355 (UR-3.5) 14.618.355 (UR-7), 14.620.355 (UR-l2) and 14.622.355 (UR-22) shall be amended as set forth in Attachments A to this Ordinance. sccrION 5—Violation notice. A. A Code Enforcement Officer is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. 13. The notice of violation shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers arc not available to determine ownership. C. The notice of violation may be served by means of personal service, or by mailing a copy of the notice of violation to the person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person affecting the service, declaring the time, date, place of service, and the manner by which service was made. D. The notice of violation shall contain substantially the following information: 1. The name and address of the person to whom the notice of violation is issued; 2. The location of the subject property by address or other description sufficient to identify the subject properly; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. That the corrective action must be performed within fifteen (15) days from the date of service of the notice of violation; 6. That a hearing will be held by the Hearing Examiner, including the date and time of the hearing, pursuant to Section 6 of this Ordinance; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action, the City or its designee shall initiate judicial abatement proceedings to remove; impound and dispose of the vehicle, and will assess all costs of administration, court-related costs and removal against the person(s) responsible for a violation after a hearing by the Hearing Examiner in which the Hearing Examiner determines that there has been a violation of this Ordinance; Ordinance 03-067 Page 3 of 6 . . 8. A statement that the land owner upon which the vehicle is located may appear in person at the hearing, or provide a written statement to the Hearing Examiner, denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial; 9. A statement that a person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of violation shall not be assessed a civil monetary penalty; and 10. if the Hearing Examiner determines the appellant is a person responsible for a violation, a $250 civil monetary penalty will be assessed. SECTION 6—Hearing on notice of violation. A. A person receiving a notice of violation shall have fifteen (15) days from the date of service of the notice of violation to voluntarily abate the junk vehicle(s) to avoid imposition of a civil monetary penalty pursuant to Section 8 of this Ordinance. A hearing shall be automatically scheduled, to be held after expiration of fifteen (15) days service of the notice of violation. The notice of violation shall state the time, location and date of the hearing on the issue of imposition of a civil monetary penalty. 13. The person(s) responsible for a violation may appear in person at a hearing or by submitting a written statement for consideration. lithe land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to, the presence of the vehicle. If the land owner has not acquiesced in the vehicle's presence, the Hearing Examiner's order shall state such. in that instance, the land owner shall sign a written permission form at the time of hearing allowing the City to immediately remove the junk vehicle from his or her real property. if the land owner fails to sign the permission form, he or she will be determined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including civil monetary penalties) or nuisance abatement against the real property where the vehicle is located. 0. The Hearing Examiner may uphold, modify or revoke the notice of violation as appropriate. The Hearing Examiner shall provide written findings of fact and order within five business days of the conclusion of the hearing. The Hearing Examiner's order shall constitute a final action. E. if the Hearing Examiner upholds the notice of violation, the Hearing Examiner shall impose a civil monetary penalty of$250. F. A copy of the Hearing Examiner's order shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order by certified mail, with a five-day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting service, stating the time, date, location and manner by which service was made. Ordinance 03-067 Page 4 of 6 SECTION 7—Abatement—costs—liens. A. Emergency Abatement: Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. 13. Judicial Abatement: The City may seek a judicial abatement order from Spokane County Superior Court, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where other methods of remedial action have failed to produce compliance. C. The costs, including incidental expenses, of abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within ten (10)calendar days after completion of abatement. The term incidental expenses includes but is not limited to personnel costs, both direct and indirect and including attorneys fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs shall constitute a lien against the affected property arid may be subject to collection following a court judgment. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. D. The lien 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 share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety(90)days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. F. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. G. Costs of removal will not be assessed against the legal owner of the vehicle if the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101. SECTION 8 — Civil Monetary Penalties — Voluntary Compliance. If the Hearing Examiner determines that the person receiving the notice of violation is a person responsible for a violation, that person shall be assessed a civil monetary penalty in the amount of$250.00. SECTION 9—Junk vehicle abatement program—authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. It is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program ordinance 03-067 I'age 5 of 6 /\i -� that is cost effective for the City, encourages voluntary compliance, and implements the goals of this Ordinance. SECTION 10-Junk vehicle abatement fund-authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account for such abatement costs, or other appropriate accounting mechanism. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. SECTION 11 - Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section,sentence, clause or phrase of this ordinance. SECTION 12 - Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this 23r`i day of September, 2003. • ivlayor, Michael DeVlei mg C-ity Clerk, Christine Bainbridge Approved as to form: I .�D D uty ty Attorney, ry P. Driskell Date of publication: y- 029 - O 3 Effective date: /C1 - d ?-- 0 3 Ordinance 03-067 Page 6 of 6 1 F; ATTACHMENT A ' Chapter 14.616 URBAN RESIDENTIAL-3.5 (UR-3.5) ZONE 14-616-355 Storage Standards Al] storage (including storage of recyclable materials)shall be wholly within a building or shall be screened from view from the surrounding properties and shall be accessory to the permitted use on die site. There shall be no storage in any required front yard or flanking street yard. Storage of inoperable and/or unlicensed vehicles is regulated by Spolcane Valley Ordinance No. 67, The-private, noncom -endy-licensed vehicles or }e 3aiTrt -thereof shall be-c ompletely sight .screened-year round from uses a4Iewed-in•this zone with a fence, maintained Tvp I or II-Lai dsc-& ned-landscaped L .rm. There—is-n = [-i -i-it %%ilhin a permitted, Completely onclesed-buildung, including d vrirs 'L= hick remnants or. parts 'RUBS i-be storotcl inside-vehicle or a permitted, cws-i leIcl close b,.;Idi ngrinc]aa•' g doors Fens e+.=ep-six--(6) feet iin might-rectuir.2.a building permit and./-or-a--zoning variance. Type-I-and-14 krn-L4s.ERF}i+g-are-described in Scction4,A-81 4.060. eenf r oo stnragc of more than-two-(-2)-inoperable or not-eel-rer by Lie }sod-vehieles inside the U1 -3.-zone-will end on the first day-of—the—men a leptior-plus one near (September'1, 1993). Chapter 14,{1.8 URBAN RESIDENTIAL-7(UR-7) ZONE 14.618.355 Storage Standards All storage,except as provided below,shall be wholly within a building and shall be accessory to the permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple-family developments shall designate recreational vehicle parking areas- 'On ]ots where the primary use is a duplex or multi-Family dwelling use, the private, noncommercial storage of inoperable or not-currently-licensed vehicles or remnants thereof shall be allowed within a permitted, completely'enclosed building, including doors. Storage of inoperable.and/or unlicensed vehicles is regulated by Spokane Value Ordinance No. 67. r,�, ', her:kit use ts-a-sirr lc family dwellingrthestoFage of up to t ) inoperable-nornot currently licensed-vehicles or remna s-tieree,l-shall be completely sig[t- :crc nod yea-E.Forond from uses a]]o -in-this zone with a ferleirriainbined Type I or IF-[ands rea 3F'niaiLritatr d ]aa}daeziNkcl berm. The is-no-rr ermined,completely cnclase building, inelntdiuig-doors. Vehicle remnants-Orr parts must be steed innside a vehicle or a permitted, completely enclosed building, including doers—Fees over si. (6) feet in-height require build ins pt rmit s nd f or a zoning vapianee- Type I and Ll Iandsc pirrg arc described in-Section 14.805:0647, For all outdexr storage of i epe.Pablc or not currently licensed vehicles on lots inthe-6IR 7 zone where the primary use is a duplex-err 1-w d for outdoor storage•of-more than two {2) inoperable or ot{ rrjcrItly tensed-v :hielcs on lots where-the-pri -le-fa.m4y dwelling, n n t5-will end on the first- adoption,plus one year ( epternb r 1,1992). Draft Zoning Code 'I em Revision September 9,2003 ATTACHMENT A Chapter 14.620 URBAN RESIDENTIAL-12 (UR-12) ZONE 14.620.355 Storage Standards All storage shall be wholly within a building and shall be accessory to the permitted use on the site_ Where proposed,recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple-family developments shall designate recreational vehicle parking areas. Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No. 67. The private,noncommercial steFage-ef-inepec ble-er-net euffentd•y-licensed-vehicles-or-remnants thereei-sha ll-be-aFlower .. . - . . - , -. _ -- _ Chapter 14.622 URBAN 14ESIDENTIAL-22 (UR-22) ZONE 14.622.355 Storage Standards All storage shall be wholly within a building and shall be accessory to the permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple-family developments shall designate recreational vehicle parking areas. Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valle}'Ord nance No. 67. The privato,nenE-emaaaercial-storage-cif-inoperable-r-net-eu•rrently-lieensed-vehieles-car-ren•tnants thereof sh: Draft Zoning Code Test Revision September 9,2003