HomeMy WebLinkAbout2019-01-10 HCNB Distributed at MeetingazzIte."
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WFCC 1931 2187
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Submitted:/U/3
200 South Third Street, 2nd Fl. I �akirna, WA 9$901 P: 509.575.6030 I F. 509.575.6160
January 10, 2019
TO:; Cliff Moore, City Manager; City of Yakima Healthy Communities & Neighborhood
Building Committee
FROM: Brooke Goosman, Senior Assistant City Attorney
SUBJECT: Vehicle Impound Ordinance, Chapter 9.47 of the Yakima Municipal Code
Chapter 9.47 of the Yakima Munici al Code provides for Vehicle Impounds.
This chapter covers unauthorized nuisance vehicles, including:
- notice requirements for vehicle impounds
- licensing and transaction requirements for tow companies
- describes the legal process a jurisdiction must follow when impounding a
vehicle
-notice requirements for informing responsible parties of costs and procedures
for redemption
-provides the auction/sale procedure for non -redeemed vehicles
Important definitions:
Junk Vehicle means at least three of the following:
1) Is three years or older,
2) Is extensively damaged,
3) Is apparently inoperable,
4) Has a fair market value equal only to the value of the scrap in it.
Unauthorized Vehicle.: a vehicle parked or left standing for the indicated period of time.
There are two types of unauthorized vehicles, public and private. Within the "public" and
"private" locations there are listed specific types of unauthorized vehicles.
Potential revisions to the Vehicle jmound ordinance:
If "apparently inoperable" is defined, the definition should be added to YMC 9.47.010,
titled "Definitions".
If the definition of "junk vehicle" is changed, section 9.47.010(F) would need to be
amended.
RCW 46.55.240 (1) provides: A city, town, or county that adopts an ordinance or
resolution concerning unauthorized, abandoned, or impounded vehicles shall include
the applicable provisions of this chapter. Thus, the City is required to include the
specific provisions of Chapter 46.55 RCW in any ordinances enacted. Adopting the
complete RCW chapter is one option the City of Yakima should consider.
January 10, 2019
HCNC MEETING
Submitted: rim
�
Junk Vehicle Complaint onPrivate Property ... Code Compliance officer conducts asite visit
utilizing Chapter 11,10 Neighborhood Conservation and determines that the vehicle inquestion
meets the junk vehicle criteria ofRCW46'G5.230 Junk Vehicles -Removal, disposable, Sm/e,
Penalties and YN0C 9'47 Vehicle Impounds (#4)
a\ At least 3years Old
b\ Extremely Damaged
c) Apparently Inoperable
d) Fair Market value equal only to approximate value of the scrap of the vehicle
1. NOTICE mfNONCOMPLIANCE Issued (#I)
a. Every case is evaluated by the code compliance officer. They go through the vehicle with the
owner
b. Pop engine hoods 0oevaluate engine compartment and interior, tires etc.
c. Advise owner to start up vehicle at times
NOTICE OF INTENTION TO ABATE NUISANCE ..... Placed on vehicle with pertinent info (#2)
a. The vehicle owner is advised that a public hearing before a Municipal Court of Yakima may
be had on issues of impoundment. A request to the Clerk of the Municipal Court of Yakima
within lSdays ofthe Notice.
b. The Notice also allows if the vehicle in question is of value, it may be covered or screened
from view in accordance with YMMC 9.47.030 (G)
3. Ifafter l5days the junk vehicle isnot removed orsite screened, atow truck iscontacted Uotow
the vehicle utilizing aJUNK VEHICLEAFyI0AVIT(#D)which law enforcement and code
compliance officers who have a limited commission through the Yakima Police Chief, are allowed
to use this form to certifV that an abandoned vehicle qualifies as a junk vehicle.
/h )
13 10 XXXXX Avenue
Yakima, WA 98902
Served via yggular and Certified Mail,
Return ReKti:pt_Re9ucsted
Subject Property: 1310 XXXXXX Avenue, Yakima, Washington
The Subject Property, which is zoned R-3 (Multi -Family Residential), was inspected by City
Code Compliance staff on October 9, November 1, and November 7, 2018. The enclosed
photographs were taken at the time of inspection and depict the vehicles that meet the criteria of
junk vehicles, and must be removed. On October 9, 2018, we mailed you a letter, and on
November 1, 2018, you were left a message on the phone requesting that you abate property
violations, by removing the junk vehicles from the property, or storing the vehicles behind a six
foot site screening fence, or inside of a garage.
11111HI 11111 ", 3Miri�111111111 liiillpiii�1111 1 1111 i . . I I I . I ZMZMME=r
1) Junk vehicles located on the subject property, contrary to the provisions of Chapt
r. 11.20 YMC. i
YOU ARE HEREBY ORDERED TO CORRECT THE VIOLATIO
DESCRIBED ABOVE ON OR BEFORE nVEMBF"�1018, YO
MUST: )I
1) Remove the hulk vehicles from the subject property; and/or,
NOTICE OF INTENTION TO ABATE NUISANCE
CITY i
DATE OF MAILING:
vs.
and
NOTICE IS HEREBY GIVEN that the presence, storage, or retention of 2
vehicle hulk described as follows and located at:
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 Municipal Court of
Yakima may be had on the issues of impoundment and liability for the costs therefor.
Recipients of this notice have 15 days from the above mailing date to request a public
hearing before the municipal court by filing such a request with the Clerk of the
Municipal Court of Yakima. This hearing is NOT automatic and if no request for a
hearing is received by the Clerk of the Municipal Court of Yakima, either by letter or in
person within the time specified above, the vehicle hulk will be removed, and liability for
costs of abatement or impound will be assessed against one or both of the above-named
individuals in accordance with Section 9.47.030(A) of the City of Yakima Municipal
Code.
Alternately, if you believe the junk vehicle in question is of value, it may be
covered or screened from view in accordance with 9.47.030(G)(1). In order to take
advantage of this option, the junk vehicle must be completely enclosed within a building
or screened from public view by a six foot fence. You must arrange a follow-up
inspection by contacting the Office of the Code Administration and Planning Manager
within 10 days of this notice.
MANAGER FOR THE CITY OF YAKIMA
This notice was served by:
on this day of __, 20_
Code Enforcement Officer Signature Print Name
(509) 575-6126
Codes H Abate Nuisance
rev, 08/27/13
AWASHINGT'gN STATE DEPARTMENT Of
LICNSING
Junk Vehicle Affidavit
Law enforcement officers and authorized junk vehicle inspectors use this form to certify that an abandoned vehicle qualifies
as a junk vehicle. Landowners use this form to notify the last owner (if known) of the vehicle, to certify that the vehicle owner
was notified and has not redeemed the vehicle, and as an ownership document for retitling, selling, or disposing of the
vehicle. Contact a law enforcement agency or an authorized junk vehicle inspector to arrange for inspection of the vehicle.
To qualify as a junk vehicle, the vehicle must meet three of the following conditions:
• Must be at least three years old
• Must be extensively damaged
• Must be apparently inoperable
o Must have a fair market value equal only to the approximate value of the scrap of the vehicle
Law enforcement officer or authorized funk isec®r
Check to indicate damaged or missing parts:
1:1 A
Engine
El I
Rear bumper
0 Q
Right rear fender
El B
Transmission
11 J
Grill
1:1 R
Left front door
1:1
Front axle
0 K
Hood
H..
DS
Left rear door
El D
Rear axle
El L
Right front fender
El T
Left rear fender
1:1 E
Right front seat
11 M
Left front fender
U
Rear window
0 F
Left front seat
1:1 N
Windshield
E J V
Trunk lid
1:1 G
Rearseat
00
Right front door
1:1 H
Front bumper
1:1 P
Right rear door
/ have inspected the vehicle described above and certify that it qualifies as a junk vehicle.
TD -42Q-649 (R/2/14)WA Page 1 of 2 Law enforcement officer or authorized junk vehicle ins�
nature Date
Chapter Q.47VEHICLE IMPOUNDS
Chapter 9.47
8.47010
Definitions.
9.47.020
Tow truck operators.
9.47.030
Junk vehicle.
9.47.058 Storage, return requirements—Authority toview impounded vehicle.
9.47.060 Criminal storage and retention nfvehicle hulks onprivate property.
9.47.070 Abandoned vehicle.
9.47.080 General administrative, interpretive authority.
9.47.090 Conetruo|, severability--Nonweiver--No rights created.
9^47.010 Definitions.
The definitions set forth inthis section apply throughout this chapter:
Page I of 14
A. "Abandoned vehicle" means avehicle that oregistered tow truck operator has impounded and
held in the operator's possession for one hundred twenty consecutive hours.
B. "Abandoned vehicle report" means the document prescribed by the state that the towing operator
forwards to the Department after a vehicle has become abandoned.
C. ^Oeportment"means the Washington State Department ofLicensing.
O. "Highway" means the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel.
E. "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds,
public and private.
(1) "Public impound" means that the vehicle has been impounded at the direction of a law
enforcement officer or by a public official having jurisdiction over the public property upon which the
vehicle was located.
(2)"Private impound" means that the vehicle has been impounded at the direction ofaperson
having control or possession of the private property upon which the vehicle was located.
F. "Junk vehicle" means a motor vehicle certified by the chief of police or his designee as meeting
at least three of the following requirements:
(1) Is three years or older;
(2) 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;
}ttom . l .. 1/7/2019