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Lakewood closes loophole, toughens rules on junk vehicles

Post by Christian Hill / The News Tribune on Feb. 22, 2012 at 3:59 pm with 5 Comments »
February 22, 2012 4:49 pm

Lakewood officials have leaned on a city ordinance to remove hundreds of junk vehicles stowed on private property over the years.

But some savvy owners have taken advantage of a loophole in the ordinance to keep their inoperable vehicles out of the reach of code enforcement officers.

There hasn’t been a lot of these cases, but the City Council took action to close the loophole by adopting an overhauled ordinance Tuesday night. The vote was 5-1, with Councilman Michael Brandstetter voting no. Councilman Jason Whalen was absent.

“It was only a handful, but it was enough to casue a problem with enforcement,” said Doug Price, a code enforcement officer.

The new ordinance also makes clear that the city can either cite a violator or charge him or her with a misdemeanor to gain compliance.

Brandstetter worried the ordinance lacked guidance on when the city should fine or prosecute a violator.

But City Attorney Heidi Ann Wachter said each case is unique and code enforcement officers need that flexibility within the ordinance to gain compliance. Typically, an officer seeks voluntary compliance and then cites a violator before elevating it a criminal matter, officials said.

Councilman Don Anderson said he comfortable with the change, saying “we’re empowering our folks to exercise sound judgment.”

“I think it’s a good tool, and it would in all likelihood be appropriately applied. If you tried to define it too much, you might box yourself in,” he said.

Price told the council during a study session last week that while junk vehicles are less of a problem than they used to be, the city continues to receive complaints. He estimated dozens of vehicles previously outside the city’s reach would fall under the purview of the amended ordinance.

Monday night’s vote is the most significant revision to the ordinance since it was adopted in 1996.

To get around the old ordinance, some vehicle owners simply slapped on a collector license plate because a vehicle had to have extensive damage, not appear to be running and not have a valid license plate to be considered junk.

Unlike typical license plates, collector plates only need to be purchased once and don’t need to be renewed each year, representing savings to their owners.

The revised ordinance removed licensing altogether as a requirement for a junk vehicle. A vehicle now must meet four requirements to be considered junk: have extensive damage, not appear to be running, be at least three years old and a have a value no greater than if it was sold for scrap.

State law requires a collector vehicle to be in running order, but it’s difficult to enforce.

“Our agency doesn’t have any sort of facilities to inspect vehicles so all the licenses we issue for all vehicles is done without us every laying eyes on it,” said Brad Benfield, a spokesman for the state Department of Licensing. “We only work with documentation provided by either customers or vehicle dealers.”

One out of every five of the 124,000 collector plates issued in Washington state are licensed in Pierce County, agency statistics show.

State law also requires that collector vehicles may be driven only to auto shows, parades and other special events and for testing but not for “regular transportation.”

A more common problem with collector plates is owners overusing — rather than not using — the vehicles, Benfield said. KIRO-TV delved into this during an investigation that broadcast earlier this month.

Lakewood’s revised ordinance also would apply to boats and recreation vehicles for the first time.

The city can continue to remove junk vehicles from private property through abatement and bill the owner for the work.

The ordinance exempts junk vehicles stored out of sight or those stowed on the premises of a licensed dismantler or dealer. The new ordinance adds a new exemption for vehicles that are the only source of private transportation for a family or individual. The vehicle, however, must be registered and be able to run immediately.

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