A. If a land owner claims an ownership interest or bailment responsibility for a junk vehicle, parts thereof or automobile hulk, located on his property, upon contact by the Code Enforcement Officer or Police Department as provided in Section 10.36.020(B), the matter shall be referred to the Building Official for possible further action.

B. The Code Enforcement Officer or Police Department may inform any land owner keeping a junk vehicle, parts thereof, or automobile hulk within the City, in any zone, that such vehicle is a public nuisance and said nuisance must be abated by the land owner within fifteen (15) days or the City will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the land owner’s property and the costs of such removal including administration costs shall be charged against the land owner and/or the last registered owner of the automobile hulk, junk vehicle, or parts thereof, unless the owner, in the transfer of ownership of the vehicle or automobile hulk, has complied with RCW 46.12.101.

The Code Enforcement Officer shall issue a notice of violation and order to correct as provided in Chapter 1.20 and in compliance with the provisions of this chapter. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the property owner of record by certified mail, with a five (5) day return receipt requested. Such notice shall also inform the registered owner and the land owner of the right to request a hearing to contest the City’s proposed removal of the junk vehicle, parts thereof, or automobile hulk.

C. Such notice shall be in substantially the form provided for in Chapter 1.20 and shall include the following additional or differing language:

All of you are informed such junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and unless such nuisance is abated as provided by Moses Lake Municipal Code Chapter 10.36, the City of Moses Lake will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen (15) days after the date of this notice. Cost of such removal, including administrative costs, will be charged against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the land owner.

You may request a hearing before the judge of the Municipal Department of the District Court to contest the City’s determination that your junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and the abatement thereof, or that you are legally responsible for the junk vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one of you must notify the Police Chief of the City of Moses Lake in writing at the address below, within ten (10) days of the date of this notice. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Moses Lake and the costs thereof, including administrative costs, shall be assessed against all or any one of you.

Police Chief

City of Moses Lake

P.O. Box 1579

Moses Lake, WA 98837

D. If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk or the land owner requests a hearing to contest the City’s determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance and the abatement thereof, or that either or both the registered owner and land owner is legally responsible for the junk vehicle, parts thereof, or automobile hulk, such 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 (5) 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. Such hearing shall be held within thirty (30) 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 land owner may appear in person at said hearing or present a written statement in time for consideration at said hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial.

E. After the expiration of the fifteen (15) days provided for in the notice to the registered owner and land owner above, if no hearing has been requested, or after a hearing, if requested, the Building Official 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 land owner jointly and severally.

F. The provisions of this chapter shall not apply under the following conditions: