Hunts Point City Zoning Code
CHAPTER 18
42 RECREATIONAL VEHICLES, TRAILERS AND JUNK VEHICLES
§ 18.42.010 Purpose.
The purpose of this chapter is to provide a means of regulating motor homes, trailers, recreational vehicles, commercial vehicles, junk vehicles, and other vehicles within the town, and to promote health, safety, and general welfare and aesthetics of the town.
(Ord. 344 § 4, 1998)
§ 18.42.020 Definitions.
(1)
"Boat"
means watercraft used or capable of being used as a means of transportation on the water. However, "boat" does not include inner tubes, air mattresses, small rafts, toys or flotation devices customarily used by swimmers.
(2)
"Boat trailer"
means any trailer or semi-trailer constructed and/or designed primarily to transport or carry boats.
(3)
"Cargo trailer"
means any trailer or semi-trailer constructed and/or designed primarily to transport or carry cargo.
(4)
"Commercial vehicle"
means any vehicle designed and/or used for commercial purposes. Such vehicle would be governed by the regulations covering recreational vehicles when used for such purposes.
(5)
"Junk vehicle"
means a vehicle which meets at least three of the following requirements:
(a)
Is three years old or older;
(b)
Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, or missing wheels, tires, motor or transmission;
(c)
Is apparently inoperable;
(d)
Has an approximate fair market value equal only to the approximate value of scrap in said vehicle.
(6)
"Motor home"
means any self-propelled vehicle designed or constructed so as to permit occupancy thereof as a dwelling or sleeping unit.
(7)
"Motor vehicle"
means any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated on rails.
(8)
"Pickup coach"
means a structure designed in such a manner so as to be mounted on a pickup or truck chassis or other vehicle and capable of being used for travel, vacation and recreational purposes, and/or for temporary occupancy. This includes, but is not limited to, the item commonly termed a "camper".
(9)
"Recreational vehicle"
means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a foundation.
(10)
"Regulated vehicle"
means any vehicle which meets the definitions set forth in this section for the following: boat, boat trailer, cargo trailer, commercial vehicle, junk vehicle, motor home, pickup coach, recreational vehicle, semi-trailer, trailer or travel trailer.
(11)
"Screen"
means a continuous planting of vegetation or fence made of materials such as brick, wood or masonry of sufficient height and density to effectively obscure the view of off-street parking or storage of regulated vehicles from the public right-of-way or adjacent private property.
(12)
"Semi-trailer"
means any vehicle without motive power designed for being drawn by or used in connection with a motor vehicle and constructed so that an appreciable portion of its weight rests upon or is carried by such vehicle.
(13)
"Storage"
means the long-term, outdoor use of a permitted parking area for the retention of regulated vehicles.
(14)
"Trailer"
means any vehicle without motive power designed for being drawn by or used in connection with a motor vehicle and constructed so that an appreciable portion of its weight rests upon or is carried by such motor vehicle.
(15)
"Travel trailer"
means a vehicular dwelling used for travel, vacation or recreation purposes. Such vehicles are not normally designed for permanent occupancy.
(16)
"Vehicle"
means all items capable of movement by means of wheels, skids, tracks or runners of any kind, or by air, along roadways or paths or other ways of any kind, specifically including, but not limited to, forms of motor vehicles, boats, buses, cars, vans, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration.
(Ord. 344 § 4, 1998)
§ 18.42.030 Parking or storage of regulated vehicles – Time limitation.
(1)
It is unlawful to park or store any regulated vehicle on private property, including a private driveway in any zone within the limits of the town for more than one week during any 30-day period except as provided in this chapter.
(2)
It is unlawful to park any regulated vehicle, as defined in HPMC 18.42.020(10), on any public street, public right-of-way, public path, or upon any town-owned property within the limits of the town for longer than 24 hours.
(Ord. 344 § 4, 1998)
§ 18.42.040 Location and screening.
Any regulated vehicle may be stored indefinitely in the garage or carport or in the side yard or back yard of any residence subject to the setback restrictions of a structure or accessory building as provided by this chapter; and provided, that the stored regulated vehicle is screened from the view of adjoining or nearby property owners and from the public right-of-way. Additionally, on waterfront lots, boats may be moored in Lake Washington.
(Ord. 344 § 4, 1998)
§ 18.42.050 Habitation – Prohibited generally.
No regulated vehicle shall be used for habitation within the boundaries of the town, except as provided in this chapter. Live-aboard use of any boat on the water shall comply with all applicable regulations relating to the use of holding tanks for waste water, and dumping into Lake Washington is prohibited.
(Ord. 344 § 4, 1998)
§ 18.42.060 Occupancy exception.
Any regulated vehicle, with the exception of junk vehicles, may be occupied on private residential property for a period not to exceed 15 cumulative days in any calendar year when the owner or user of the vehicle is a nonresident of the town visiting a resident.
(Ord. 344 § 4, 1998)
§ 18.42.070 Enforcement and penalty – Vehicle impound.
In addition to all civil and criminal penalties set forth under Chapter 18.60 HPMC, any regulated vehicle which is located within the town in violation of the provisions of this chapter shall be subject to civil monetary fines as provided in subsection (3) of this section, and to impound or removal under the following procedures:
(1)
Vehicles Located on Public Property. If a regulated vehicle is located on public property in violation of this chapter, it may be impounded at the owner's expense.
(a)
Twenty-four hours prior to impound, a notice of violation shall be placed conspicuously on the vehicle and shall include a reference to this chapter and provide notice that if the vehicle is not removed within 24 hours, it will be impounded at the owner's expense.
(b)
Redemption of vehicles impounded under this chapter shall be permitted in accordance with RCW 46.55.120[1], which is hereby adopted by reference.
[1]
Code reviser's note: Pursuant to RCW 35.21.180, one copy of RCW 46.55.120 has been and is now on file with the town clerk and is available for examination by the public.
(c)
Vehicles impounded shall not be released without prior payment of the impound and storage charges.
(d)
A registered owner of a vehicle impounded under this section may request a hearing on the validity of the impoundment in accordance with RCW 46.55.120.
(2)
Junk Vehicles Located on Private Property.
(a)
The abatement procedures set forth in Chapter 18.60 HPMC may be used in combination with this section for removal of junk vehicles which are located on private property in violation of this chapter.
(b)
When the town seeks removal of the junk vehicle at issue, a notice of violation shall be mailed to the last registered owner of record of the vehicle and to the property owner of record where the vehicle is located. The notice of violation shall specify that the registered owner and/or property owner has 15 days from the date of service of the notice of violation to file a written appeal with the town administrator. The notice of violation shall also specify that failure to either timely appeal the notice of violation or remove the vehicle may result in the town removing the vehicle at the cost of the registered owner of the vehicle, if the identity of the owner can be determined (unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, as it now exists or is hereafter amended), or at the cost of the owner of the property upon which the vehicle was stored, placed or located.
(c)
The costs of impoundment of a vehicle under this section shall be assessed as follows:
(i)
Against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 as it now exists or is hereafter amended; or
(ii)
Against the owner of the property upon which the vehicle was stored, placed or located.
(d)
If a timely appeal is received by the town administrator, the town shall mail via certified mail, with a five-day return receipt requested, a notice of the date and time for the hearing to the owner of record of the land and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The appeal hearing shall be heard by the town hearing examiner. The hearing examiner's review of the notice of violation shall be in accordance with HPMC 18.60.009.
(e)
The owner of the land upon which the vehicle is located may appear in person at the appeal hearing or present a written statement, made under oath, in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the appeal hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner did not subsequently acquiesce to its presence, then no costs of administration or removal of the vehicle shall be assessed against the property upon which the vehicle is located.
(f)
After notice of the intent to remove and dispose of the vehicle has been given by the town as provided above, and after the appeal hearing, if any, has concluded and a decision upholding the notice of violation or ordering removal issued, the vehicle may be removed by a registered tow truck operator at the request of the building official or designee. Notice of the removal shall be sent to the Washington State Patrol and the State Department of Licensing stating that the vehicle has been wrecked. The town may make final disposition of such vehicle or parts thereof, and may transfer such vehicle or parts to another governmental body, provided such disposal shall be only as scrap.
(g)
This subsection (2) shall not apply to any vehicle which is completely enclosed within a building in a lawful manner where such vehicle is not visible from the street or other public or private property.
(3)
Monetary Penalties for Regulated Vehicles on Private Property.
(a)
The owner of any private property upon which any regulated vehicle (other than a junk vehicle) is parked in violation of the provisions of this chapter shall be issued a written warning that if the parking violation is not cured within 10 days, civil monetary penalties shall be imposed for each day that the violation persists. The written warning is considered effective (i) upon delivery of the warning to the property owner in person; or (ii) by depositing the warning with the U.S. mail for delivery to the property owner by certified mail; or (iii) upon affixing the warning to the exterior of the regulated vehicle in a conspicuous manner.
(b)
If the violation persists after the expiration of the 10-day warning period referenced in subsection (3)(a) of this section, a civil monetary penalty in the amount of $500.00 shall be imposed on the property owner. Each additional day for which the violation remains uncured shall constitute an additional violation for which additional penalties of $500.00 per day may be imposed by the town.
(c)
The town building official is authorized to enforce the parking regulations and penalties established in this section.
(Ord. 344 § 4, 1998; Ord. 569 § 1, 2023)
