Ordinance 123-71 - Laserfiche WebLink

or hulk and also to the property owner of record that a public , hearing may be requested before the Everett City Council within. , '10 days , and that if no hearing is requested, the vehicle, or hulk, Will be removed. Costs of abatement and removal of such vehicles may be assessed against the last registered owner of the vehicle or the automobile hulk if the identity of such owner can be determined, unless such owner in the transfer of such vehicle or hulk has complied with RCW 46 .52 .104 or the costs may be assessed against the owner of the real property on which the vehicle, hulk or parts, are stored and shall constitute a lien thereon. Section 179. 46 . 52 . 124 Hearing required on request. If a request for a hearing is received, a notice giving the time , location and date of such hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified or registered mail, with a five- day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Section 180. 46. 52. 126 Exclusions. This ordinance shall not apply to (a) a vehicle, or part thereof, which is completely enclosed wtihin a building in a lawful manner 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 or a licensed dismantler or licensed vehicle dealer, whose business is located in a proper zone under the Zoning Ordinance, and fenced according to the provisions of RCW 46 . 80 . 130 . Section 181. 46. 52. 127 Property owner may deny responsibility. The owner of the land on which the 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 on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle 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 vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from said landowner. Section 182. 46 . 52. 128 Disposal of vehicles . After notice has been given of the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof, shall be removed, at the request of a law enforcement officer, and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the Department of Motor Vehicles that the vehicle has been wrecked. The city may operate such a disposal site when the council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap . Section 183 . 46. 52. 129 Rules and regulations relative to the handling and disposing of vehicles - Establishment. Any tow truck operator under contract to the city for the impounding of vehicles shall comply with such administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the City of Everett or the director of the Washington State Department of Motor Vehicles. Section 184. 46. 52. 131 Lien against real property for removal of vehicle. The City of Everett shall within thirty days after removal by the Chief of Police of an abandoned, wrecked, dismantled, or inoperative vehicle from real property, file the recording with the County Auditor a claim of lien for the cost of removal, which shall be in substance in accordance with the provision covering mechanic' s liens in Chapter 60 . 04 RCW and said lien shall be foreclosed in the same manner as such liens . -23-