Ordinance 04-009 Amends Ordinance 03-067 Storage of Junk Vehicles •
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CITY OF SPOKANE VALLEY,
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON,AMENDING ORDINANCE_03-067 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, TFIE 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.
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G. "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:
I. 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.
1. "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 RC\V
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;
B. 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 RC\V 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
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exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per
parcel of land per calendar year.
D. 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 1 or II landscaping, a
maintained landscaped berm, or fencing. Types I and H 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.
SECTION 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 are 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 property;
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;
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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 9 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. if the 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.
D. Any hearing on notice of violation under this Ordinance will be determined by the Hearing
Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended, unless in conflict
with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall
control.
E. 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 ten business days of the
conclusion of the hearing. The Hearing Examiner's order shall constitute a final action.
F. If the Hearing Examiner upholds the notice of violation, the Hearing Examiner shall impose a
civil monetary penalty of$250, pursuant to Section 9 of this Ordinance.
G. 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.
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H. The Hearing Examiner shall have the authority in the order to suspend the $250 monetary
penalty, if a request for such suspension is made by the City at the public hearing and a voluntary
compliance agreement is entered into between the alleged violator and the City within five days of the
public hearing. The failure to fully complete the terms of the compliance agreement shall result in
imposition of the monetary penalty, as well as any other condition set forth in the voluntary compliance
agreement. This provision is not intended to extend the time period in which an appeal can be filed under
Section 6I.
1. The Hearing Examiner's final order shall be final and conclusive unless within 21 days from the
issuance of the order a party with standing files a land use petition in Spokane County Superior Court
pursuant to RCW 36.70C.
SECTION 7 - Voluntary compliance agreement.
A. Whenever the Director determines that a violation of this Ordinance has occurred or is occurring,
the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for
the violation. Upon contacting the person responsible for the violation, the Director may enter into a
voluntary compliance agreement as provided for in this Ordinance.
13. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or
written warning, a notice of violation,or before the conclusion of the hearing on notice of violation before
the Hearing Examiner,except as otherwise provided in 6H.
C. Upon entering into a voluntary compliance agreement, a person responsible for a violation waives
the right to administratively appeal, and thereby admits that the conditions described in the voluntary
compliance agreement existed and constituted a code violation of this Ordinance.
D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for
compliance, as determined by the Director. An extension of the time limit for compliance, or a
modification of the required corrective action may be granted by the Director if the person responsible for
the violation has shown due diligence or substantial progress in correcting the violation, but
circumstances render full and timely compliance under the original conditions unattainable. Any such
extension or modification must be in writing and signed by the Director and person(s) who signed the
original voluntary compliance agreement.
E. The voluntary compliance agreement is not a settlement agreement.
P. The voluntary compliance agreement is a written, signed commitment by the person(s)
responsible for a violation in which such person(s) agrees to abate the violation. The voluntary
compliance agreement shall include the following:
1. The name and address of the person responsible for the violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance,
resolution or regulation which has been violated;
4. A description of the necessary corrective action to be taken and identification of the date
or time by which compliance must be completed;
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5. The amount of the civil penalty that will be imposed ($250.00) pursuant to this Ordinance
if the voluntary compliance agreement is not satisfied;
6. An acknowledgement that if the Director determines that the terms of the voluntary
compliance agreement are not met, the City may, without issuing a notice of violation or obtaining a
judicial abatement order, enter the real property and perform abatement of the violation by the City,
assess the costs incurred by the City to pursue compliance and to abate the violation, including reasonable
legal fees and costs;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost
is not paid, the Director may charge the unpaid amount as a lien against the property where the violation
occurred if owned by the person responsible for the violation, and that the unpaid amount may be a joint
and several personal obligation of all persons responsible for the violation;
8. An acknowledgement that by entering into the voluntary compliance agreement, the
person responsible for the violation thereby admits that the conditions described in the voluntary
compliance agreement existed and constituted a violation of Ordinance 67; and
9. An acknowledgement that the person responsible for the violation understands that he or
she has the right to be served with a notice of violation for any violation identified in the voluntary
compliance agreement, has the right to a hearing on such notice of violation, and that he or she is
knowingly, voluntarily and intelligently waiving those rights.
G. if the terms of the voluntary compliance agreement are not completely met, and an extension of
time has not been granted, the Director may enter the real property and abate the violation without
seeking a judicial abatement order. The person responsible for compliance may, without being issued a
notice of violation, be assessed a civil penalty in the amount of$250.00, plus all costs incurred by the
City to pursue compliance and to abate the violation, and may be subject to other remedies authorized by
this Ordinance. Penalties imposed when a voluntary compliance agreement is not met accrue from the
date of service of any preceding notice of violation if a voluntary compliance agreement was entered into
before a hearing could be held on the violation, or from the date the voluntary compliance agreement was
entered into if there was no preceding notice of violation.
H. The Director may issue a notice of violation for failure to meet the terms of a voluntary
compliance agreement.
[. The Director shall be solely responsible for determining whether all of the conditions of any
voluntary compliance agreement have been met
SECTION 8—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.
B. 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.
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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 and 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 9 — 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 10—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
that is cost effective for the City, encourages voluntary compliance, and implements the goals of this
Ordinance.
SECTION 11 —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 12 — 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
Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page 7 of 8
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unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence,clause or
phrase of this ordinance.
SECTION 13 — 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 24Ih day of February, 0 4.
Michael DeVleming, Mayor
Christine Bainbridge, City Clerk `�%..�e,QOKA/v4:*, �
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Approved as to form: O..•OC1/41)
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SEAL
Cary P. Dri ell, Deputy CI y Attorney INCORPORATED :
March 31.2003 . •
Date of publication: 3- d '•,���,45;•*...'•i•o ��`
Effective date: :1 -- cl --d ! ,„vHING ,0
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