(1) If a landowner claims an ownership interest in or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk located on his property upon contact by the Police Department as provided for in 12.30.040(2), then the matter shall be referred to the Chief of Police for possible further action.

(2) After referral to the Chief of Police as provided for in subsection (1) of this section, the Chief of Police may give notice to any landowner storing or keeping a junk vehicle, parts thereof, or automobile hulk within any zone in the City that such vehicle, parts thereof, or automobile hulk is a public nuisance which must be abated by the landowner within fifteen days or the City will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the landowner’s property; and, that the costs of such removal including administrative costs shall be assessed against the registered owner of the junk vehicle, parts thereof, or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the junk vehicle, parts thereof, or automobile hulk is stored. This notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the City’s proposed removal of the junk vehicle, parts thereof, or automobile hulk. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the landowner and the property owner of record if different from the landowner by certified mail, return receipt requested.

(3) Notice. The notice required by subsection (2) of this section shall be in substantially the following form:

“JUNK VEHICLE, PARTS THEREOF, OR AUTOMOBILE HULK REMOVAL NOTICE”

A junk vehicle(s), parts thereof, or automobile hulk(s) described as:

has been discovered by the City of Pullman located at

_______________________________ (Street Address), described as _______________________________ (legal) within the City of Pullman which is shown by public record to be the real property of _________________________________________________________________,

the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as:

__________________________________________________________________

__________________________________________________________________.

All of you are informed that such junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance and unless such nuisance is abated within fifteen days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in Pullman City Code 12.30.060(1), the City of Pullman will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen days after you or your representative receives this notice as shown on the return receipt

for this certified mail. The costs of removal, including administrative costs, will be assessed against the registered owner, unless the owner can demonstrate compliance with R.C.W. 46.12.101 at the time of transfer of ownership, and/or against the landowner.

You may request a hearing before the Whitman County District Court to contest: the City’s determination that the above-described junk vehicle(s), parts thereof, or automobile hulk(s) (is)(are) a public nuisance, the abatement thereof, or that you are legally responsible for these junk vehicle(s), parts thereof, or automobile hulk(s). To request this hearing, one of you must notify the undersigned in writing at the address below within ten days of the date you or your representative received this notice as shown on the return receipt for this certified mail. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Pullman and the costs thereof, including administrative costs, shall be assessed against all or any one of you.

DATED this ________________ day of _______________________, 1988.

___________________________________

Chief of Police

City of Pullman

P.O. Box 249

Pullman, WA 99163

(509) 334-4555 Ext. 260

(4) After the expiration of the fifteen days provided for in the notice of the registered owner and landowner if no hearing has been requested; or, after a hearing if requested and such action is authorized by the Court, the Police Department may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal including administrative costs shall be taxed against the registered owner and/or landowner jointly and severally; and, notice shall be given to the Washington State Patrol and the department of licensing that the junk vehicle, parts thereof, or automobile hulk has been wrecked.

(5) If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk or the landowner requests a hearing before the Whitman County District Court to contest either (a) the City’s determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance, or (b) the abatement thereof, or (c) the legal responsibility of either or both the registered owner and/or landowner for the junk vehicle, parts thereof, or automobile hulk, that hearing shall be conducted after a written notice of the date, time, and place of such hearing is mailed, by certified mail, with a five day return receipt 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. The hearing shall be held within thirty days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing except pursuant to a court order.

The landowner may appear in person at said hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle, parts thereof, or automobile hulk on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle, parts thereof, or automobile hulk was or were placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced in its presence, then the Court shall not assess costs of administration or removal of the junk vehicle, parts thereof, or automobile hulk against the property upon which the junk vehicle, parts thereof, or automobile hulk is located or otherwise attempt to collect the costs from the owner. (Ord. 88-10 §5, 1988).