8.08.030 Abatement action.
A. Upon discovery of a junk vehicle, the police department shall give Notice of Violation in writing to the last registered owner of record (if ascertainable) and to the property owner of record. The Notice of Violation shall state (1) that there is a junk vehicle (or vehicles) on the private property and (2) the reasons the vehicle is defined as a junk vehicle and (3) that if the vehicle is not removed within thirty (30) days of the Notice of Violation, there will be a Notice of Infraction issued. The Notice of Violation may be served personally or may be mailed by both first class mail, postage prepaid and by certified mail, return receipt requested. The Notice of Infraction shall include the description of the junk vehicle, the name of the registered owner of the junk vehicle, the street address of the real property, the legal address and the legal owner of the real property.
B. Failure to accept or receive said Notice of Violation shall not be a defense under this chapter.
C. If the junk vehicle (or vehicles) is not removed by thirty (30) days of the date of service or mailing of the Notice of Violation, then a Notice of Civil Infraction shall be issued and shall be heard by the Stevens County District Court.
D. Upon hearing the Civil Infraction, the Stevens County District Court may issue an Order of Abatement. The Order of Abatement shall contain, but is not: necessarily limited to:
1. Findings of fact that the vehicle in question is a junk vehicle as defined by RCW 46.55.010(4) and KFMC 8.08.020A as meeting at least three of the following requirements:
a. is three years old or older;
b. is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, or missing wheels, tires, motor or transmission;
c. is apparently inoperable;
d. has an approximate fair market value equal only to the approximate value of the scrap in it.
2. Identify the registered owner and legal owner of the vehicle (if ascertainable);
3. Identify the real property by street address and legal description and legal owners;
4. Finding that proper notice was given to the registered and legal owners of the vehicle (if ascertainable) and to the legal owner of the property;
5. Order that the vehicle or part thereof shall be removed by the City of Kettle Falls Police Department employees or other employees of the City of Kettle Falls or other City of Kettle Falls agents;
6. Further ordering that the City of Kettle Falls Police Department employees or other employees of the City of Kettle Falls or any other City of Kettle Falls agents may enter upon the above described premises to remove the junk vehicle;
7. Order that notice to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked shall be given pursuant to RCW 46.55.240(e); and
8. Enter a judgement for the reasonable costs incurred by the City in the abatement. These costs shall include, but are not necessarily limited to, filing fees, service fees, reasonable attorney’s fees, and costs of removal. After removal, the City may request an additional judgement if the actual costs of removal exceed the original judgement amount entered. (Ord. 1599, §4, 2000).