8.08.040 Public Property or Abandon on Private Property.
Without consent of owner of such property shall be handled pursuant to RCW Ch 46.55. (Ord. 1439, 1987; Ord. 1578, §1, 1998).
1. The abandoning of a motor vehicle hulk on public property or upon property of another without consent of the owner for a period of twenty-four (24) hours or longer shall constitute a public nuisance subject to abatement, removal and monetary penalties unless its owner or operator is unable to remove it from the place where it is located and notifies law enforcement officials and requests assistance.
2. The law enforcement officer who discovers an apparent abandoned vehicle or vehicle hulk shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
a. Identity of officer;
b. A statement that if the vehicle is not removed within twenty-four (24) hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and
c. The address and telephone number where additional information may be obtained.
3. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
4. If the vehicle or hulk is not removed within twenty-four (24) hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle or hulk and provide for its removal to a place of safety. A place of safety will be the business location of a registered disposer.
5. When a vehicle or hulk is impounded pursuant to Subsection 4, the Kettle Falls Police Department shall, within twenty-four (24) hours after the impoundment, mail notification of this action to the last registered owner and the legal owner of the vehicle as shown on the records of the Department of Licensing or as otherwise ascertained. The notification shall be certified mail and shall inform the registered owner of the impoundment, redemption procedures, and opportunity for a hearing.to contest the basis for impoundment. The notice need not be mailed if the vehicle is redeemed within the twenty-four hours or if the registered owner and the legal owner are not ascertainable.
6. Upon impoundment of a vehicle pursuant to this section, the law enforcement officer shall also provide the registered disposer with the name and address of the last registered owner and legal owner as ascertained.
7. The notification shall inform the registered owner that any heating request shall be directed to the Stevens County Municipal Court and shall be accompanied by a form to be utilized for the purpose of requesting a hearing. All requests for a hearing shall be made by the court within ten (10) days of the date of notification. If the hearing request is not received by the court within the ten day period, the right to a hearing is waived and the registered owner shall he liable for any towing, ’storage or other impoundment charges permitted under this ordinance. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment and any alleged infraction.
8. Removal and storage of a vehicle or hulk under RCW Ch. 46.55 or under RCW 46.55.113 shall be at the owner’s expense. (Ord. 1439, 1587; Ord 1578, §1, 1998). (Ord. 1439, 1987; Ord. 1578, §1, 1998).
9. Any abandoned vehicle or abandoned vehicle hulk impounded pursuant to this section shall be processed in the manner prescribed by RCW Ch. 46.55 and other pertinent provisions adopted in the Model Traffic Ordinance, Ch. 308-330 WAC. (Ord. 1439, 1987; Ord. 1578, §1, 1998).