S-0314.1/91 _______________________________________________
SENATE BILL 5049
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senator Madsen.
Read first time January 17, 1991. Referred to Committee on Transportation.
AN ACT Relating to disposal of abandoned junk vehicles; amending RCW 46.55.230; and adding a new section to chapter 46.55 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.55.230 and 1987 c 311 s 19 are each amended to read as follows:
(1)
Notwithstanding any other provision of law, any law enforcement officer having
jurisdiction or any person authorized by the director ((may)) shall
inspect and ((certify that a vehicle meets the requirements of a)) may
authorize the disposal of an abandoned junk vehicle. The person making the
((certification)) inspection shall record the make and vehicle
identification number or license number of the vehicle if available, and shall
also ((describe in detail the damage or missing equipment to)) verify
that the value of the junk vehicle is equivalent only to the value of the scrap
in it.
(2) The law enforcement officer or department representative shall provide information on the vehicle's registered and legal owner to the landowner.
(3)
Upon receiving information on the vehicle's registered and legal owner, the
landowner shall ((obtain a junk vehicle notification form from the
department. The landowner shall send by certified mail, notification)) mail
a notice to the registered and legal owners shown on the records of the
department. The notification shall describe the redemption procedure and the
right to ((contest the sale of a junk vehicle in a district court hearing))
arrange for the removal of the vehicle.
(4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.
(5) If
no information on the vehicle's registered and legal owner is found in the
records of the department, the landowner ((shall place a legal notice of
custody and sale in a newspaper of general circulation in the county. The
newspaper notice shall include (a) the description of the vehicle; (b) the
address of the location of the junk vehicle; (c) the date by which the
registered or legal owner must redeem the vehicle; and (d) a telephone number
where the landowner can be reached. If the vehicle remains unclaimed more than
twenty days after publication of the notice, the landowner)) may immediately
dispose of the vehicle or sign an affidavit of sale to be used as a title
document.
(6) The landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle.
(7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.
NEW SECTION. Sec. 2. A new section is added to chapter 46.55 RCW to read as follows:
A person complying in good faith with the requirements of RCW 46.55.230 shall be immune from any liability arising out of any action taken or omission made in such compliance.