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HomeMy WebLinkAbout1971-1284 ORDINANCE NO. / :4 AN ORDINANCE relating to public safety and morals; declaring abandoned vehicles and abandoned vehicle hulks to constitute public nuisances and providing for the abatement thereof; declar- ing the abandonment of a vehicle or vehicle hulk, or the keeping of an abandoned vehicle or vehicle hulk on priv- ate property under certain circumstances, to constitute a misdemeanor and providing a penalty for violations; specifying circumstances under which vehicles and vehicle hulks are authorized to be impounded; providing for the disposition of impounded vehicles and vehicle hulks; adopting Chapter 6.84, "Abandoned Vehicles ", and Sections 6.84.010, 6.84.020, 6.84.030, 6.84.040, 6.84.050, 6.84.060, 6.84.070, 6.84.080, 6.84.090, 6.84.100, 6.84.110, 6.84.120, 6.84.130 and 6.84.140 as a new chap- ter and new sections of the City of Yakima Municipal Code; repealing Sections 6.56.075, 9.80.080 and 9.80.090, all of the City of Yakima Municipal Code; and declaring an emergency. WHEREAS, the Legislature of the State of Washington has enacted legislation permitting cities to declare public nuisances and provide for their abatement by the impounding of abandoned vehicles and vehicle hulks; and in the exercise of its police powers, the City of Yakima deems that the enactment of this ordinance is necessary for the i protection and preservation of the health, safety, aestheticism and welfare of its citizens, and this ordinance shall be liberally con- strued to accomplish its purposes; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.84, "Abandoned Vehicles ", and the Sections thereof enumerated and set out hereinbelow, are hereby adopted as a new chapter and new sections of the City of Yakima Municipal Code to read as follows: CHAPTER 6.84 ABANDONED VEHICLES 6.84.010 Definitions. As used in this chapter, unless a different meaning clearly . appears from the context, the following words and phrases shall have the following meanings ascribed to them: 1. "Vehicld' every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. 2. "Abandoned Vehicle on Private Property" means any vehicle which remains for a period of twenty -four hours or longer on private property, in the city, owned or occupied by a person other than the vehicle owner without the express or implied consent of the owner or occupant of the pri- vate property. 3. "Abandoned Vehicle on Public Property" means any vehicle which remains in substantially the same location for a period of fourteen continuous days or longer on any • street, alley or other public way in the city, and, after a period of five additional days or longer from the date a written notice is mailed by the Yakima Police Depart- ment, by certified mail with a return receipt requested, to the last known registered or legal owner of any such vehicle registered in the state of Washington, which notice shall be in substantially the following form: ABANDONED VEHICLE NOTICE (Date of Mailing) To (Name and address) NOTICE IS HEREBY GIVEN that the following vehicle (Description of vehicle) has remained in substantially the same location at (Address or Description of Location) for a period of fourteen continuous days or longer 410 on a street, alley or other public way in the City of Yakima. The vehicle will be impounded and disposed of pursuant to the provisions of Chapter 6.84, "Abandoned Vehicles ", of the City of Yakima Municipal Code unless the vehicle is removed from the above described location within five days from the date of this notice. YAKIMA POLICE DEPARTMENT By 4. "Vehicle Hulk" means the remnant or remains of a vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs, or any wrecked or dismantled vehicle or part thereof. 6.84.020 Abandonment of Vehicle or Hulk, and Keeping of Hulk, Prohibited--Exceptions. A. Abandonment on Property of Another. It shall be un- 110 lawful for any person to intentionally place or leave any vehicle or vehicle hulk on private property, in the City of Yakima, owned or occupied by a person other than the vehicle owner, without the express or implied consent of the owner or occupant of the private property. B. Abandonment on Public Property. (1) Abandoned Vehicle. It shall be unlawful for any person to intentionally place and leave a vehicle on a - 2 - street, alley or other public way in the City of Yakima in such a manner and for such a time so that the vehicle constitutes an "abandoned vehicle on public property" as defined by Section 6.84.010, 3, of this chapter. (2) Vehicle Hulk. It shall be unlawful for any per - son to intentionally place or leave a vehicle hulk on a street, alley or other public way in the city. C. Keeping of Hulk. It shall be unlawful for any person, as owner or occupant of private property in the city, to place or keep any vehicle hulk upon such private property, unless: 1. The vehicle hulk is completely enclosed within a building or the property is otherwise screened or fenced so that the vehicle hulk is not visible from other private or public property, or 2. The vehicle hulk is stored or parked on private property in connection with the business of a licen- sed dismantler or . dealer and such property is fenced according to the provisions of R.C.W. 46.80.130. 6.84.030 Impounding. Any vehicle or vehicle hulk under the following circumstances is hereby declared to constitute a public nuisance, and the Chief of the Yakima Police Department is hereby authorized to impound or cause to be impounded any vehicle or vehicle hulk under the following circumstances: 1. When any vehicle is disabled or left unattended on any public highway, or on any bridge, viaduct or causeway, or in any tunnel, in such a manner so as to constitute an 410 obstruction to traffic in the judgment ment o f any J g y officer. 2. When the person or persons in charge of any vehicle are apparently incapacitated to such an extent so as to be unable to provide for the custody or removal of such vehicle in the judgment of any police officer. 3. When any vehicle is parked or left unattended on any pub- lic highway on which parking is prohibited or prohibited during certain hours by Sections. 9.75.040 and 9.75.050 of the City of Yakima Municipal Code when signs are posted under the authority of the Traffic Engineer pro - hibiting such parking and notifying that vehicles illegally parked are subject to being impounded, which notification shall be given by including the words "Sub- ject to Impound ", "Tow Away Zone ", or words of similar import on such signs. 4. When any vehicle is parked or left unattended on any pub- lic highway in violation of any temporary sign or barri- cade prohibiting parking on or entry into such public highway, or any portion thereof, when such sign or barri- cade has been placed under the direction of the Director of Public Works or his designee to facilitate construc- tion, repair or maintenance of such public highway or any utility within such public highway, and when any such sign or barricade notifies that vehicles parked or left unattended in violation thereof are subject to being im- pounded by the inclusion of the words "Subject to Im- pound ", "Tow Away Zone" or words of similar import. - 3 - 5. When any vehicle is an abandoned vehicle on public property as defined by Section 6.84.010 of this chapter. 6. When any vehicle hulk is found on any public street, alley or other public way in the city. 6.84.040 Impounded Vehicle—StoraFre. Vehicles and vehicle hulks impounded pursuant to Section 6.84.030 of this chapter shall be removed to a place of storage designated or maintained by the Police Department or to such other place of safety as the Chief of Police may direct. In the event private towage and storage services are used, the Police Department shall provide the private firm with a written order to tow and store the vehicle or vehicle hulk. 6.84.050 Impounded Vehicle--Report and Notice. When a vehicle or vehicle hulk is impounded pursuant to Section 6.84.030 of this chapter, the Chief of Police shall report the same to the Chief of .the Washington State Patrol and the Sheriff of Yakima County and shall give notice to the registered and legal owner thereof, if the name and address of the owner can be ascertained. 6.84.060 Impounded Vehicle—Disposition. Any vehicle or vehicle hulk impounded pursuant to this chapter and left unclaimed for a period ofia1teen (15) days shall be deemed to be abandoned, and at the expiration of such period said vehicle or vehicle hulk shall be deemed to be in the custody of the Sheriff of YPaima County, and said Sheriff or his designee shall deliver the vehicle or vehicle hulk to a tow truck operator who shall dispose of such vehicle or vehicle hulk in the manner provided in R.C.W. 46.52,111 and 46.52.112, PROVIDED, that if the vehicle is of a model yeer 411 ten or more years prior to the calendar year in which such ve is stored, the Sheriff of Yakima County is authorized to declare that such vehicle is a public nuisance and may dispose of such vehicle without notice of sale, and in such case the Director of Motor Vehicles shall issue an appropriate bill of sale to the to-g truck operator to dispose of the vehicle as he may determine. 6.84.070 Abandonment Presumed to be by Last Registered The abandonmcnt of any vehicle or vehicle hulk shall con- _ situte a prima facie presumption that the last owner of record is responsible for abandonment and thus liable for any costs in- curred in the removing, storing and disposing of such vehicle or vehicle bulk. A registered owner who has complied with the requirements of R.C.W. 46.52.104 shall be relieved of liability under this section. 6.84.080 Imnounded Vehicle--Lten for Costs—Red(mtion. All costs incurred by the City of Yakima in the removal and storage of an impounded vehicle or vehicle hulk shall be a lien upon the vehicle or vehicle hulk. The owner, or agent of the owner, of on impounded vehicle or vehicle hulk may redeem the sPme prior to its sale or other disposal by payment of all such costs, which shall include towing and storage fees, by furnishing evi- dence of his identity and ownership, or agency for the owrer, satisfactory to the Chief of Police and the operator of the im- pounding facility, and upon signing a written receipt for the redeemed vehicle or vehicle hulk. 6.84.090 Tow TrEflt102erator as Agent of Police Chief. The Chief of Police may appoint any tow truck operator en-d in removing and storing motor vehicles as agent of the Chief of Police -4- for the purpose of disposing of abandoned vehicles and vehicle hulks. Each such appointment shall be contingent upon the sub- mission of an application to the Chief of Police and the making of subsequent reports in such form and frequency as may be required by rule and regulation adopted by the Chief of Police, and upon the posting with the Yakima City Clerk of a surety bond in the amount of $3,000, subject to approval as to form by the City Attorney to insure compliance with the provisions and requirements of this chapter and conditioned to compensate the 111 owner of any vehicle or vehicle hulk which may be unlawfully sold as the result of any negligence or misconduct of the tow truck operator. Any such appointment may be cancelled by the Chief of Police upon his determination that the appointed tow truck opera- tor is not complying with all laws, rules and regulations rela- tive to the handling and disposition of abandoned vehicles and vehicle hulks. 6.84.100 Tow Truck O•erator- -Lien for Costs -- Notice of Cus- tod of Im.ounded Vehicle. Such tow truck operator shall take custody of such impounded vehicle or vehicle hulk, remove the same to the established place of business of the tow truck opera- tor where the/same shall be stored and such tow truck operator shall have a lien upon such vehicle or vehicle hulk for services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same, not to exceed the sum of $100. A registered owner who has complied with R.C.W. 46.52.104 in the transfer of ownership of the vehicle or vehicle hulk shall be relieved of liability under this section. Within five (5) days after receiving custody of such impounded vehicle or vehicle hulk, the tow truck operator shall give notice of his custody to the Department of Motor Vehicles and the Chief of the Washington State Patrol and within five (5) days after receiving the name and address of the owner, he shall notify the registered and legal owner of the same with copies of such notice being sent to the Chief of the Washington State Patrol and to the Department of Motor Vehicles. The notice to the registered and legal owner shall be sent by the tow truck operator to the last known address of said owner appearing on the records of the Department of Motor Vehicles, and such notice shall be sent to the registered and legal owner by certified or regis- tered mail with a 5 -day return receipt requested. Such notice shall contain a description of the vehicle or vehicle hulk includ- ing its license number and /or motor number if obtainable, and shall state the amount due the tow truck operator for services in towing and storage of the same and the time and place of public sale if the amount remains unpaid. 6.84.110 Tow Truck Operator - -Sale of Impounded Vehicle or Vehicle Hulk -- Proceeds of Sale. If, after the .expiration of fifteen (15) days from the date of mailing of notice to the regis- tered and legal owner, the vehicle or vehicle hulk remains un- claimed and has not been listed as a stolen or recovered vehicle, then the tow truck operator having custody of such vehicle or vehicle hulk shall conduct a sale of the same at public auction after having first published a notice of the date, place and time of such auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days before the date of such auction. Such vehicle or vehicle hulk shall be sold at such auction to the highest bidder. The proceeds of such sale, after deducting the towing and storage charges due the tow truck operator, including the costs of sale, which shall be computed as in a public auction of personal property by the Sheriff, shall be certified one -half to the County Treasurer of - 5 - Yakima County to be credited to the County Current Expense Fund, and one -half to the State Treasurer to be credited to the Highway Safety Fund. If the amount bid at the auction is insufficient to compensate the tow truck operator for his towing and storage charges and the costs of sale, such tow truck operator shall be entitled to assert a claim for any deficiency, not to exceed the sum of $100, against whomever may under this chapter be liable therefor. A registered owner who has complied with R.C.W. 46.52.104 shall be relieved of liability under this section. • 6.84.120 Abandoned Vehicle and Vehicle Hulk on Private Pro•ert -- Declaration of Nuisance--Abatement Procedure. A. Declaration of Nuisance -- Authorit for Abatement. Any vehicle abandoned on private property, as defined in Section 6.84.010 of this chapter, and the storage or reten- tion of a vehicle hulk on private property, is hereby declared to constitute a public nuisance subject to abate- ment by removal and impoundment as hereinafter provided, and costs of such removal and impoundment may be assessed against the last registered owner of the abandoned vehicle or vehicle hulk if the identity of such owner can be determined, unless such owner in the transfer of ownership of such abandoned vehicle or vehicle hulk has complied with the provisions of R.C.W. 46.52.104, or such costs may be assessed against the owner of the property on which such abandoned vehicle or vehicle hulk is stored and, if so assessed, shall constitute a lien thereon. B. Notice of Intent to Abate. Before the removal and impoundment of any such abandoned vehicle or vehicle hulk, the Chief of the Yakima Police Department shall cause written 411 notice to be given substantially in the form hereinafter pro- vided to the last registered owner of record of such abandoned vehicle or vehicle hulk and to the property owner of record upon whose property the abandoned vehicle or vehicle hulk is located that a public hearing may be requested before the Yakima City Council, and that if no hearing is requested the abandoned vehicle or vehicle hulk will be removed and impounded and costs assessed in accordance with this chapter. Such notice shall be in substantially the following form: NOTICE OF INTENTION TO ABATE NUISANCE City of Yakima (date of mailing) v . and NOTICE IS HEREBY GIVEN that the storage or retention of the abandoned vehicle or vehicle hulk described as follows: (description of vehicle) at (location where vehicle is found) - 6 - constitutes a public nuisance in violation of the laws of the City of Yakima and the City intends to remove and abate said nuisance. You are hereby advised that a public hearing before the Yakima City Council may be had on the issues of impoundment and liability for the costs therefor. Recipients of this notice have, as a matter of right, 15 days from the above mailing date to request a public hearing before the Yakima City Council by filing such a request with the Yakima City Clerk. This hearing is NOT automatic and if no request for a hearing is received by the Yakima City Clerk either by letter or in person within the time specified above, the vehicle will be removed, and liability for costs of abate- ment or impound will be assessed against one or both of the above-named individuals in accordance with Chapter 6.84 of the City of Yakima Municipal Code. Chief of Police for the City of Yakima C. Request for Hearing. A person to whom such notice is given may obtain a hearing before the Yakima City Council on the issue of the removal and impoundment of such abandoned vehicle or vehicle hulk as a public nuisance, and on the issue of liability for costs of abatement, by making a request, in person or in writing, to the Yakima City Clerk for such hearing. If such a request is made, the Yakima City Clerk shall mail by certified or registered mail with a 5- day return requested, to the owner of the real property as shown on the last equalized assessment roll and to the last registered and legal owner of record of such abandoned vehicle or vehicle hulk, unless the vehicle or hulk is in such condition that identification numbers are not available to determine ownership, a notice giving the time, location and date of the hearing by the Yakima City Council. Said hearing shall be scheduled to be held not less than ten days nor more than thirty days following the receipt of the request for such hearing. D. Hearing by City Council. The applicant for hearing may appear in person at such hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the abandoned vehicle or vehicle hulk on the land with his reasons for such denial. If it is determined at the hearing that the abandoned vehicle • or vehicle hulk was placed on the land without the consent of • the land owner, and that he has not subsequently intentionally acquiesced to its presence, then the City Council shall not assess costs of abatement against the real property upon which the vehicle is located or otherwise attempt to collect such costs from said land owner. • E. Impoundment and Disposal. After notice has been given of the intent of the City of Yakima to remove and impound the abandoned vehicle or vehicle hulk, and after a hearing has been held if requested, and if the City Council determines a nuisance to exist, the abandoned vehicle or vehicle hulk shall be removed and impounded at the direction of the Chief of the Yakima Police Department, and shall be disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State Department of Motor Vehicles that the vehicle or vehicle hulk has been wrecked. -7- The City of Yakima may operate such a disposal site when the Chief of Police determines that commercial channels of dis- position are not available or are inadequate, and it may make final disposition of such vehicles or vehicle parts to another governmental body, provided such disposal shall be only as scrap. F. Lien for Abatement Costs. Within thirty days after the removal and impoundment of an abandoned vehicle on pri- vate property or a vehicle hulk from private property, the 411 City may file for record with the Yakima County Auditor a claim for lien for the cost of removal which shall be in substance in accordance with provisions covering mechanic's liens in Chapter 60.04 of the Revised Code of Washington, and said lien shall be foreclosed in the same manner as pro- vided by law for foreclosure of mechanic's liens. G. Exemption to. Certain Owners. This section shall not apply to abandoned vehicles or vehicle hulks kept on private property (1) where the abandoned vehicle or vehicle hulk is completely enclosed within a building, or the property is otherwise screened or fenced so that the abandoned vehicle or vehicle hulk is not visible from other private or public . property, or (2) where the abandoned vehicle or vehicle hulk is stored or parked on private property in connection with the business of a licensed dismantler or dealer and such property is fenced according to the provisions of R.C.W. 46.80.130. 6.84.130 Removal of Vehicle of Another From Real Property. Any owner or person having possession or control of real property within the City of Yakima who finds a vehicle standing upon such 411 property without his consent is authorized to have such vehicle removed from such property and stored or held for its owner. Any towing firm providing such removal service shall promptly report the fact of a vehicle impound together with the license number, make, year, and motor or vehicle identification number if obtain- able, and place of impoundment of such vehicle, to the appropriate law enforcement agency, and shall post the authorized charges therefor prominently at its place of business; and the charges and costs incurred in the removal of any such vehicle as afore- mentioned shall be paid by such vehicle's owner, and shall be a lien upon said vehicle until paid, and said lien may enforced as otherwise provided by law for the enforcement of towing or storage liens or liens generally. 6.84.140 Violation as Misdemeanor -- Punishment. Any person convicted of violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided by in Section 6.02.050 of the City of Yakima Municipal Code. Section 2. Sections 6.56.075, 9.80.080 and 9.80.090 of the City 0 of Yakima Municipal Code are hereby repealed in their entirety. Section 3. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect 8 - Y f M i immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 1 (.. of L1971. 410 '} Mayor ATTEST: e_,- /' y City Clerk III ,, - 9