9.90.110 Impoundment of vehicles.
(1) As an additional remedy for the abatement of any nuisances identified in this chapter, including unauthorized, abandoned, junked vehicles or parts thereof on public or private property, a law enforcement or code enforcement officer may order the impoundment thereof with the costs of removal to be assessed against the registered owner of the vehicle or against the owner of the property on which the vehicle is located upon the following conditions:
(a) A written notice of authorization to impound the vehicle by the City shall be by registered and regular mail to the last registered owner of record of the vehicle and the property owner designated by the records of the Franklin County Auditor, declaring the abatement and removal as a public nuisance of the vehicle or part thereof, notifying them that a hearing may be requested within five days of the date of posting, and that if no hearing is requested, the vehicle or parts thereof will be removed.
(b) If a timely request for hearing, including the payment of the administrative hearing fee, is received by the City, notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance before the Pasco Hearing Examiner shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown in the last equalized assessment roll and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(c) This section shall not apply to:
(i) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
(ii) A vehicle or part thereof that 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 RCW 46.80.130.
(iii) Summary abatement due to an immediate and emergent threat to the public health, safety or welfare, or to the environment as provided in PMC 1.40.070.
(d) The owner of 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 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 Hearing Examiner 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 the costs from the landowner.
(2) The hearing before the Hearing Examiner shall be conducted pursuant to the procedures established in PMC 10.25.070.
(3) Upon determination by the Hearing Examiner that the vehicle or part thereof constitutes a nuisance, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and provide for the assessment of costs against the owner of the vehicle and/or the owner of the property upon which it is located.
(4) Any person aggrieved by the determination of the Hearing Examiner may be appealed to the Pasco Municipal Court for final judgment pursuant to PMC 10.25.080. [Ord. 3796, 2006; Code 1970 § 9.60.093.]