HomeMy WebLinkAboutOrdinance 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
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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
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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
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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