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HomeMy WebLinkAbout1969-1119 ORDINANCE NO. / AN ORDINANCE relating to public health, safety and morals; defining an abandoned vehicle and declaring the storage thereof to be a nuisance; providing for notice; providing for the impounding and disposition of abandoned vehicles; adopting new Section 6.56.075 and amending Section 6.56.260, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. There is hereby adopted a new section to the City of Yakima Municipal Code to read and be numbered as follows: "6.56.075 Impounding and Disposition of Abandoned Vehicles. (a) Vehicle as Nuisance. The keeping or storing, or permitting any other person to keep or store, any abandoned vehicle upon any property within the City of Yakima is declared to be a nuisance, unless the vehicle is completely enclosed within a building or unless kept or stored in con- nection with a properly licensed business activity operated in compliance with the applicable zoning code of the City of Yakima. (b) Abandoned Vehicle. Notice. For purposes of this section a vehicle is deemed to be abandoned when wrecked, junked, partially dismantled, inoperative, or damaged to any degree so as to render the vehicle incapable of being • operated, and after the expiration of the following periods of time from the giving of notice as follows: (1) Seven (7) days after a notice has been con- spicuously attached to the vehicle and a notice sent by certified mail with a return receipt requested to the last registered and legal owners of the vehicle if the vehicle is registered in the State of Washington; or (2) Twenty (20) days after a notice has been con- spicuously attached to the vehicle and a notice published once in the legal newspaper of the City of Yakima, if the vehicle is not registered in the State of Washington; or (3) Three (3) days after a notice has been con- spicuously attached to the vehicle if the vehicle is found on a public street, alley, right of way, or any other public place without means of identifying the owner thereof. • Provided, that if the vehicle is upon private real property, notice shall in addition be sent to the occupant, if known, or to the owner of record of such real property, by certified mail with a return receipt requested. Provided, further, that such notice to the occupant or owner of the real property is not required to be given when the owner of record or the occupant of such real property is the same as the last registered owner of the vehicle as filed with the Washington State Department of Licenses. (c) Abandoned vehicle. Notice. License. For purposes of this section, any vehicle is deemed to be abandoned twenty -four (24) hours after a notice has been conspicuously attached to a vehicle if the vehicle is found on a public street, alley, right of way, or any other public place with- out a current vehicle license attached to the vehicle as required by the Traffic Code of the City of Yakima. • (d) Form of Notice. The notice attached to the vehicle, mailed to the owner of the vehicle, mailed to the occupant or to the owner of the real property, shall be in substan- tially the following form: NOTICE TO ABATE NUISANCE CITY OF YAKIMA (Date of mailing) v. (Name) (Address) NOTICE IS HEREBY GIVEN that the keeping or storing of (Description of vehicle) at (Location of vehicle) constitutes a nuisance in violation of City of Yakima Municipal Code Section 6.56.075. Unless this nuisance is abated within ( ) days from the date of this notice, the City of Yakima will impound the above vehicle and it will be disposed of according to law. YAKIMA POLICE DEPARTMENT (e) Impound. The Chief of Police or any police officer authorized by him, is hereby authorized to cause the removal of an abandoned vehicle to such suitable place for storage as may be designated by the Chief of Police. The City of • Yakima shall not be liable for costs of such removal under this Section. (f) Report. Whenever an officer removes a vehicle as authorized in this Section, he shall report, or cause to be reported, such removal of the abandoned vehicle to the Chief of the Washington State Patrol. - 2 - (g) Disposition. Whenever a vehicle is removed as authorized in this Section, such vehicle shall be disposed of as provided by R.C.W. 46.52.110." Section 2. Section 6.56.260 of the City of Yakima Municipal Code is hereby amended to read as follows: • " 6.56.260 Penalty for violation--Separate offenses. Any person violating the provisions of this chapter, or who shall create, keep or maintain any nuisance as herein defined, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding Five Hundred Dollars ($500.00), or imprisoned in the City Jail for a period not exceeding six months, or be both so fined and imprisoned; and for any act of a continuing nature as herein prohibited, each day shall be considered a separate offense." Section 3. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3,/aay of -.',/nc-k- , 1969. 411 Mayor ATTEST: City Clerk -3-