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HomeMy WebLinkAbout2698ORDINANCE NO. 2698 AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 2469 and PAMC 8.04.020(D) and 8.04.050, and establishing procedures for the abatement of junk vehicles as a nuisance and adding a new Chapter 8.05 to the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2469 and Port Angeles Municipal Code Sections 8.04.020(D) and 8.04.050 are hereby amended to read as follows: 8.04.020 Definitions. The words and phrases used in this Chapter, unless the context otherwise indicates, shall have the following meanings: A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means, in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community. B. "Disposable Package or Container" means all packages or containers defined as such by rules and regulations adopted by the State of Washington Department of Ecology. C. "Enforcement Officer" means the City Manager or any City official or employee designated by him. D. "Junk" includes the storage of all old appliances, equipment, or parts thereof, all old iron or other scrap metal, all inoperablc vchicic or parts thcrcof, including automobile tires, all vehicle hulks, cardboard, old lumber, old wood and mattresses, which items are not being used for their intended purpose, and does not include orderly stacked firewood. E. "Litter" means and includes all waste material, including but not limited to disposable packages or containers thrown or deposited on public or private property, including the depositing on public property or cars of handbills, but not -1- including the waste of primary process of mining, logging, sawmilling, farming, or manufacturing. F. "Premises" means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. G. "Refuse" means vegetable offal, animal offal, discarded food, cans, bottles, waste paper, large tree limbs and all other waste substances from private and public establishments and from residences; but shall not include small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns and gardens. H. "Responsible Person" means any agent, lessee, owner or other person occupying or having charge or control of any premises. I. "Weed ", "vegetable growth" and "horticultural growth" mean and include but are not limited to trees, plants, shrubs, bushes, flowers, garden vegetables and grasses and further include all growths of every kind and character, whether domestic or wild, causing the obstruction or interference or detriment prohibited by this Chapter. 8.04.050 Enforcement - Request - Resolution. The enforcement officer, having knowledge of any public nuisance, shall cause the responsible person or persons to be notified of the existence of a public nuisance on any premises and shall request such person(s) to abate the condition within a designated reasonable period. Upon the failure of such person(s) to abate the public nuisance, the enforcement officer shall give written notice to said person(s) that the City Council will consider initiating formal abatement proceedings. The written notice shall be given not less than five (5) days before the meeting of the City Council at which the initiation of formal abatement proceedings is considered and at which the responsible person(s) and the public shall have the opportunity to be heard. Upon determining that a public nuisance exists which requires abatement, the Council shall adopt a resolution requiring the responsible person or persons to -2- abate such condition. The resolution shall provide that in the event of the failure of such person(s) to abate the public nuisance within ten (10) days from the date of the resolution, the same shall be abated by the City, and the costs to the City shall become a charge collectible by any legally available means against the responsible person or persons. In the case that the owner leases or rents the premises to another responsible person or persons, such owner may request at the public hearing, and the Council may include in the resolution, an extended abatement period for such owner to be effective if the tenant fails to accomplish abatement within the ten -day period, which extended abatement period shall allow the owner to pursue unlawful detainer proceedings, and shall not exceed ninety (90) days. Any legal action challenging the Council's abatement resolution shall be brought in Clallam County Superior Court within ten (10) days of the date of the resolution. In the case that the responsible person, or one of the responsible persons, is the owner, the charge shall be a lien against the property. Notice of cuch lien shall bc filed with thc City Clerk may bc enforced by action in Clallam County Superior Court which of thc lien. The City shall, within thirty days after completion of the abatement work, file or record with the County Auditor a claim for lien for the costs of removal and disposal, which shall be in substance in accordance with the provisions covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. Section 2. Port Angeles Municipal Code, Title 8, Health and Sanitation, is amended by the addition of a new Chapter 8.05 which reads as follows: -3- 8.05.010 8.05.020 8.05.030 8.05.040 8.05.050 8.05.060 Chapter 8.05 ABATEMENT OF JUNK VEHICLES Purpose Definitions Exemptions Abatement and Removal Violation - Penalty Severability 8.05.010 Purpose. The purpose of this Chapter is to preserve the character and safety of the City's neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. 8.05.020 Definitions. For the purpose of this Chapter, the following words shall have the following meaning: A. "Junk Vehicle" means any vehicle substantially meeting all of the following requirements: (RCW 46.55.010(4)) 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 wind- shield or missing wheels, tires, motor or transmission; 3. is apparently inoperable; 4. is without a valid, current registration plate; 5. has an approximate fair market value equal only to the approximate value of the scrap in it. B. "Enforcement Officer" means the City Manager or any City official or employee designated by him. C. "Landowner" means an owner of private property or a person in possession or control of private property. 8.05.030 Exemptions. The provisions of this Chapter shall not apply to: A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner, or where it is not visible from the street or other public or private property; or B. A vehicle 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 and is fenced according to the provisions of RCW 46.80.130. 8.05.040 Abatement and Removal of Junk Vehicles on Private Property. A. The storage or retention of junk vehicles on private property is declared to constitute a public nuisance subject to abatement by removal and disposal. The enforcement officer shall inspect and investigate complaints relative to junk vehicles, or parts thereof, on private property. Upon discovery of such nuisance, the enforcement officer shall cause the Police Department to inspect said vehicle to determine if the same meets the require- ments of RCW 46.55.010(4). If the inspection by the Police Department confirms that the vehicle in question meets the criteria of RCW 46.55.010(4), then the enforcement officer shall give notice in writing to the last registered owner of record of the junk vehicle and also to the property owner of record that a public hearing may be requested before the City Council or other administrative hearings officer as shall be designated by the City Council, and that if no hearing is requested within ten days, the junk automobile will be removed. Costs of removal may be assessed against the last registered owner of the junk vehicle if the identity of such owner can be determined, or the costs may be assessed the landowner of the property on which the junk vehicle is stored. B. If a request for a hearing is received, a notice giving the time, location and date of such hearing on the question of the abatement of the junk 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 junk vehicle unless the junk vehicle is in such condition that the identi- fication numbers are not available to determine ownership. -5- 1 C. The owner of the land on which the junk 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 junk vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the junk automobile was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the City Council shall not assess costs of administration or removal of the junk vehicle against the property upon which the junk vehicle is located or otherwise move to collect such costs from the property owner. D. After notice has been given of the intent of the City to dispose of the junk vehicle, and after a hearing, if requested, has been held, the junk vehicle, or part thereof, shall be removed, at the request of a police officer, and disposed of by a registered tow truck operator with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. E. The City shall, within thirty days after removal of the junk vehicle from private property, file or record with the County Auditor a claim for lien for the costs of removal and disposal, which shall be in substance in accordance with the provisions covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. 8.05.050 Violation - Penalty. In addition to the costs of abatement, any person violating any portion of this Chapter shall be deemed to have committed a civil infraction commencing upon the date that the enforcement officer or City Council had specified for completion of abatement, whichever date is later, and shall be fined not less than $250 per violation, the first $250 of which shall not be suspended or deferred. A separate offense shall be deemed committed on each day during which a violation occurs or continues. Section 3 - Severability. If any one or more section, paragraph or sentence of this Chapter are held to be unconsti- -6-- tutional or invalid, such decision shall not affect the validity of the remaining portion of this Chapter, and the same shall remain in full force and effect. Section 4 - Effective Date. This Ordinance shall take effect in accordance with law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of July , 1992. ATTEST: e. -on ; - arty - l-erk Dorothy J. McFarland, Deputy City Clerk APP'IVED AS TO FORM: De is C. Dickson, Sr. Assistant City Attorney PUBLISHED: July 26, 1992 (By Summary) 92.15 -7- Summary of Ordinances Adopted by the Port Angeles City Council on July 21. 1992 Ordinance No. 2698 This Ordinance of the City of Port Angeles amends Ordinance 2469 and PAMC 8.04.020(d) and 8.04.050 and establishes procedures for abatement and removal of junk vehicles. Ordinance No. 2699 This Ordinance of the City of Port Angeles provides for the submission to the qualified electors of the City of Port Angeles at a special election to be held on September 15, 1992, of a proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of $1,975,000 for the purpose of constructing and equipping additions and improvements to the City of Port Angeles Fire Station Headquarters. Ordinance No. 2700 This Ordinance of the City of Port Angeles amends Ordinance 2054, as most recently amended by Ordinance 2660, and amends Section 13.12.090 of the PAMC by changing the City Light Department service charges. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. The Ordinances will take effect five (5) days after publication of this summary. Publish:_ July 26. 1992 Dorothy J. McFarland Deputy City Clerk T