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Home My WebLink About2019-03-14 HCNB Distributed at MeetingAWASHINGTON STATE DEPARTMENT OF Submitted at HCNB Meeting on 3/14/2019 LICENSING Junk Vehicle Affidavit 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 ® Must have a fair market value equal only to the approximate value of the scrap of the vehicle Law enforcement officer or authorized junk inspector Engine I ------ k-- - --------- -k-INToTTY E Landowner name [-10 (Area de) Telephone number s. -- -- — ------- -------- ---------- - ------ - -------- -- ---- — --------. Land ling address (if different from trw street a noress of the properly where the vehicle is located Transmission J Caty R fals ---------------- — - - - - - ZIP code Street addrose of the property where the vehicle is located C K Head City Left rear door ----- --- -------- - - - --------------- ZIP ends Licerose plate number State Year -- - ----- Make - --------- -- ---- Vehicle Identificalion Number (VIN) Left rear tender El E . - ---------------------- ------ ------------------------ - - - - --- ------ - a q -- --------- - - ---- ------------------ .....- ---- - - --- ---- owner name (if no owner is found, enter "none") M Left front tender - - — ----------- — -------- . ...... - - - ----------------- --- - - - ------------------------------------------------ Registered owner street address Rear window — ------ ...........---------- City State I ------------ ZIP code Legal owner -name (it no owner is found, enter'none') ........ . . ...... -- -' -- - Legal------ ------------------- o e�address - ----------------- Right front door Citg Stam ZIP code Law enforcement officer or authorized junk inspector name or personnel number 'v-, : no, —ernent a rwd'paurnentri me 6�I �w L c f c agency ............. _ .... ..... .. .. .... .. TC) -4"2' 0-549 (R/L"141WA Page I of 2 F-1 A Engine I Rear bumper [-10 Flight rear tender 0 B Transmission J Grill R Left front door 1:1 C Front axle C K Head S Left rear door 0 D Rear axle ❑ L Right front tender F1 T Left rear tender El E Right front seat M Left front tender [ I U Rear window F-1 F Left front seat El N Windshield D v Trunk lid 1-1 G Rear seat E-10 Right front door 0 H Front bumper C.__1 P Right rear door 11 111111mill 11111 � I 1 11111 1 11 11� � 1� , In U31!1 X - ----------- Law enforcement officer or authorized junk vehicle inspector signature Dale Vehicle owner(s) rights Submitted at HCNB Meeting on 3/14/2019 You have the right to arrange to remove your vehicle from the property where it is located within 15 days after the date Affidavit of Sale to be used as an ownership document to sell or retitle it. Landowner a—li 1 077 t7 #I 0111REmcowl- N3 M YAW I IN UA I I 1232d 11 LIMA# 2+0 A 101,10,111142110 MR. 17291111 ANSI EAM R #wner information was found, check the proper box below. Check one: E] I mailed a copy of this Junk Vehicle Disposal Affidavit to the registered and legal owner(s) of the vehicle more than 15 days ago and the owner(s) has not redeemed the vehicle. El No registered or legal owner(s) information could be found. X-- - ------- - ------ - ----- - ------- Date and place Landowner signature If the vehicle remains unclaimed more than 15 days after you have mailed notification to the owner(s) or if no owner information could be found: • Sign the Affidavit of Sale below for use as an ownership document. • You may make arrangements to remove the vehicle. • You are entitled to recover all costs of the removal of the junk vehicle from the vehicle owner. Affidavit of Sale—Complete this section for use as an ownership document when you retitle, sell, or dispose of the vehicle. Purchaser name ----------- ----------- — ----- --.11— ------------ Purchaser street address C4 1 state I ZIP code X- ----------- --- -------- - - - ------- - ----- Landowner signature Date State of .... . ... . . County of - - -------------------- - ----- - Signed or attested before me on a.. a by Print name of person signing this affidavit of sale (Seal or stamp) X - ------- -------------- ------ - Signature of Notary/Agent — ---------- Print or stamp name of Notary/Agent and No-tary/AgehHh1`e---" Dealer or countylbtfice number or notary expiration date DOW Aa.F-rinl(); A&V,�2W) TD -420-549 (P12/14)WA Page 2 of 2 Submitted at HCNB Meeting on 3/14/2019 HCN B Meeting - March 14,2019 We Submit for the record this doctune [it with a riatit to revise / extend our remirks. We thank the HCN B Committee for their time and Joan and Joe for their help. Our concern is nota out diligence or numbers. It is about lack of relevant regulations® All nuisance vehicles left stored outdoors in full public view significantly impact their surroundings. They are a preventable blight that provides harborages for rodents, insects and other pests. Many Washington municipalities address vehicle nuisance problems by adopting ordinances prohibiting outright, nuisance vehicle storage in open areas on private property. No citizen should be forced to accept a lower aesthetic standard of living in their neighborhood because there is no applicable regulation to immediately remove from public view Oust like shopping carts) abandoned / unlicensed / inoperable vehicles that permeate our City's landscape. Tossing a cover or tarn over a vehicle declared a nuisance will not meet our intent. Is This Just Unseen? An RV has set inthe same location for years in the 4700 block of Summilview Avenue, north side (Councilman Hill's District?). It has been sitting there for so long it has become part of our cityscape® People no longer take notice® We don't believe it has moved for years® We noticed a flat tire the last time we paid attention® We doubt it is currently licensed. But it sits there, in full public view along a major arterial, passed daily by hundreds of cars® What can a citizen think other than this type of vehicle outdoor storage is permitted. As a former Staff member, I have first-hand knowledge of the importance of precise operational definitions. In regard to our specific nuisance vehicle problems, nothing is deemed more important to us than a definition of what "is apparently inoperable". This is crucial to Staff interpretation of what is a nuisance vehicle in addition to certifying a vehicle "junk". We believe that an unlicensed GMC pickup that has sat for years on a front yard driveway is "apparently inoperable" and therefore, a nuisance vehicle. Like in many neighborhoods, the pickup bed is used for illegal outdoor storage of materials, This illegal storage use has been reported on Yak -Back. The pickup was moved last August and illegally parked in the street (2016 tab) to allow another inoperable nuisance vehicle (CJ 5 Jeep with 2004 tab) that sat not moved and not driven for over six years to be taken from its illegal pe anent storage location (front yard planter) into the street and loaded on to a low -boy trailer, Code Enforcement determined previously that the 05 was not "junk" because the motor started. We never asked that the vehicle be declared Junk"; we asked it be declared a nuisance and removed from public view, Submitted at HCNB Meeting on 3/14/2019 I Immediately started, or" 2. Legally parked and/or driven on public streets The pickup has not been in use for months. It has been reported on Yak -Back as an inoperable nuisance vehicle. However, it remains permanently stored on the driveway in full public view oven though there are two garages on the property. It is apparent to us there is either (1) no in YMC rei40ations-- as written or;42,�, there is no lep;al 3YA" to abate what other cities classify as nuisance vehicles. We believe the later to be the case. Out- Neip-lib orhood Unlicensed PopLtJp Caniggr Problem — A Proper Interpretation? An unlicensed pop-up camper (a vehicle by definition) pennanently stored for years on the same driveway referenced above was placed up on blocks, left unattended 24/7. The situation was reported to Codes as a violation of the YMC Title 11, as written. A Code Enforcement Officer was sent to investigate the alleged violation. It was determined by the Officer that the pop-up camper being stored up on blocks was not a violation because the owner stated it was how he was saving his tires. We have never found anywhere in the YMC a section that grants an owner an exemption to leave a vehicle up on blocks, unattended 24/7 in order to save tires. The pop-up camper remained up on blocks saving tires until it was towed away several months later. The resident chooses to do all his major vehicle repairs using air tools, outside, on his driveway. He leaves the vehicles up on j ack-stands or jacks unattended while (we assume) he is chasing parts. Numerous violations of vehicles being left up unattended have been reported on Yak -Back along with pictures. Leaving vehicles up unattended will continue until there are consequences. The proposed amendment to Title 9 Chapter before the HCN13 Committee does nothing to address our concerns about nuisance vehicle blight in our neighborhoods. However, it is exactly the procedure we requested to be used to adopt the Intemational Property Management Code. Adoption of the IPMC would align the City with Yakima County and Union Gap by applying the same code enforcement regulations throughout the Yakima Urban Area. Where there is a conflict with adopted policy, the most restrictive must apply. The Council may at any time simply chose one policy over another and repeal the unwanted policy. Selah adopted the C. We are certain the IPMC upholds Selah's legal position to require an owner to tear down his slum -apartment complex. John A. Haddix Submitted at HCNB Meeting on 3/14/2019 We re -submit the applicable section of the adopted Davenport, Washington, Municipal Code, Title 10 Vehicles and Traffic, Chapter 10,44 Junk / Unlicensed Vehicles in the effort to establish like procedures for the City of Yakima to abatement and/or remove junk and / or unlicensed inoperable vehicles and parts thereof, as public nuisances pursuant to State RCW 46,55240 The regulation is provided as indisputable evidence of an effort by a willing governmental jurisdiction to do what it can for its citizens to enhance their City's aesthetics and qualities of life by adopting applicable regulatory steps to prevent derelict vehicle blight. We thought by adding an unlicensed / unregistered vehicle criterion and hearing examiner procedures to the YMC Chapter now being revised only by reference would fully achieve our oNective. This was not done. A definition for "is apparently inoperable" is not necessary when unlicensed and/or unregistered vehicles are added to evaluation criteria. This would have provided means for the immediate removal from public view (like shopping carts) all "apparently inoperable" vehicles being permently stored on private property. Chapter 10.44 OR UNLICENSED VEHICL 10.44.010 Purpose. The purposes of this chapter are: (1) To establish procedures for the abatement and removal or junk or unlicensed vehicles and parts thereof as public nuisances pursuant to RCW 46.55,240; (2) To enhance the aesthetic qualities of the city of Davenport, (3) To conserve and maintain property values-, (4) To protect the health of the public-, (5) To provide for the public safety. (Ord. 981 § 1, 2007; Ord, 901 § 1, 2002). 10.44.020 einition® For purposes of this chapter, the following definitions shall be applicable: (1) "Junk vehicle" means a vehicle certified under RCW 46.55,230 as meeting at least three of the following requirements: (A) Is three years old or older-, Submitted at HCNB Meeting on 3/14/2019 (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 transmissionl (D) Has an approximate fair market value equal only to the approximate value oFtFe scrap in it. (This Requires a Certified Appraisal) (2) "Unlicensed vehicle" means any vehicle not registered and/or licensed with the state of Washington. (3) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, recreational vehicles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power. (Ord. 981 § 1, 2007; Ord. it shall be unlawful for any person to store or allow to be stored any junk or unlicensed vehicle or vehicles, parts of cars, unlicensed recreational vehicles, or travel trailers, on any private or public property, street, right-of-way or alley within the city. (Ord. 981 § 1, 2007; Ord. 901 § 3, 2002). (1) Any vehicle or part thereof which is completely enclosed within a building in a lawful manner or which is otherwise not visible from any street or any public property; or (2) Any vehicle or part thereof stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, junk fenced in accordance with the provisions of RCW 46.80.130; or (3) An automobile which is being actively repaired or worked on by the owner or where properly screened or indoor storage is provided. (Ord. 981 § 1, 2007; Ord. 901 § 4, 2002) Submitted at HCNB Meeting on 3/14/2019 Wapato Title 8 HEALTH AND SAFETY Chapter 8.28 ABANDONED AND JUNKED VEHICLES Sections: 8,28.090 Abatement and removal of tinauthorized junk vehicles from 8.28.130 Penalties. 8.28.005 Statutes adopted by reference. The foliowing statutes of the Revised Code of Washington are adopted by reference as sections of this code. For, the PLWPOses of inter retro the meaning of the ,statutes adopted by reference, reference therein to the state of Washington or to the highways of the state shall refer to the city of Wapato or the highways and roadways of the city. RCW 46.55.070 Posting requirements --Exception. RCW 46.55.080 Law enforcement impound, private impound --Master log --Certain associations Submitted at HCNB Meeting on 3/14/2019 rflwm� By.% =- ( Ord, 1143 §1 (part), 2006) 8.28.006 Definitions. For the purposes of this chapter, the following words shall have the following meaning& B. "Police chief'means the Wapato police chief or his designee, C. "Code enforcement officer" means the Wapato code enforcement officer, D, "Court clerk" means the Wapato municipal court clerk, E. "Junk vehicle" means a motor vehicle that has been certified under RCW46.55.230 as meetingi jqas of the folio win 9 requirements: 1. 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; 2. Is apparently inoperable; 3. Has arra pr iv ate fair market value equal only to the approximate value of the scrap in it; or Submitted at HCNB Meeting on 3/14/2019 4, Is without valid, current license plates or certificate of registration. F. "Vehicle" means every device capable of being nioved 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 hUrnarl or aninial power, or used exclusively upon stationary rails or tracks, except that mopeds, and similar devices, shall be considered vehicles. "Vehicle" also rneans any and all types of trailer. G. "Vehicle hLfllk" means any portion or portions of a vehicle which are inoperative and cannot be made mechanically operative without additional vital parts and a substantial arnount of labor, H. "Sufficiently fenced" means fencing that is of such a height as to obs-cUre tl-le view of the public fmm streets, alleys, and neighboring public and private property and also complies with Wapato it Code Chapter 17,04, regarding fencing requirements, I. "Hig,hways" means all roads, thoroughfares, highways, alleys or other public rights-of-way of any kind located within the city of Wapato. (Ord. 1143 §1 (part), 2006) 8.28.010 Unlawful storage. It is LjniaWfUl to park, or leave or permit the parking, storing or leaving of any 'licensed or unlicensed r-notor vehicle of any kind for a period of tilme in excess of seventy-two hours, which is in a rusted, wrecked, jUnked or partially dismantled or inoperative or abandoned condiflori, whether attended or not, upon any public or private property within the city, unless the same is completely enclosed within a building or unless it is in connection with a business enterprise properly, operated in the appropriate business zone and it is in a SLAfficienfly 'fenced area, out of view frorn the street, or other public or, private property, (Ord. 11,43 §1 (part), 200& Ord, 613 §1, 1966) 8.28.020 Nuisance declaration. Any rnotor vehicle parked, stored, left or permitted to be parked, stored Or' left in violation of the provisions of Section 8,28.010 shall constitute rubbish and Unsightly debris and a nuisance detrimental to the health, safety and welfare, of the inhabitants of the city. It shall be the duty of the registered or other owner of such vehicle, and it shall be the duty of the owner of the private property, or of the lessee or other, person Submitted at HCNB Meeting on 3/14/2019 in possession of the private property upon which such vehicle is located, either to remove the same from the city or to have the same housed in a building or sufficiently fenced in a lawfui manner where it is not visible from the street of, other public or private property, (Ord, 1143 §1 (par!'. 2006: Ord, 613 §2, 1966) 8. 28.030 Notice to owner of abandoned or junk vehicles on public property. It shall be the duty of the police chief or designee to give written , notice to the registered or other owner of any rnotor vehicle which is in violation of this chapter demanding that the vehicle be removed from) the city within seventy-two hOUrs or that within seventy-two hours tt e motor vehicle be housed in a bUilding where it will not be visible from the street or adJoining private property. The notice shall contain the following informatiom A, The date the notice was delivered or sent to the owner', B. A statement that if the vehicle is not removed within seventy-two hOUI-S from the time of notice, the vehicle may be taken into custody and stored at the owner's C. The address and telephone number where additional information may be obtair,,ed-1 and D. The 'Identity of the officer. The notice shall be given by personal service or by registered or certified Rmil. (Ord. 1143 § Bait;, 2006: Ord, 613 §3, 1966) 8.28.050 Impoundment by city. Notwithstanding the provisions of Section 8.2-8.040, and regardless of whether or, [lot the person or per -sons mentioned therein have been charged with a violation of this chapter, the chief of police, or his designee, after giving the notice required by Section 8.28.030, and if the requirernents of such notice have not been complied Submitted at HCNB Meeting on 3/14/2019 with upon the expiration of the seventy-two-hWr period, may cause the vehicle or vehicles to be removed to such suitable piace for storage as may be designated by the chief of police or designee, (Ord. 1143 §1 (part), 2006- Ord, 613 §5, 1966) 8.28.060 Release for payment. After any vehicle is impounded and stored as set forth in Section 8,28,050, the same shall not be released by the appointed keeper, thereof until all charges connected with the removal, towing and storage of such vehicle have been fully paid to the appointed keeper, (Ord, 1143 §1 (part), 2006, Ord, 613 §6, 1966) 8,28,070 Repair or reconstruction restrictions. III is unIaWfUl to disassemble, C011S+rUCt U , reconstrUct, repair and/or service motor vehicles of any kind in or UP011 arly street, road, alley or other public thoroughfare in the city except, for emergency service-, provided, however, the emergency service shall not extend over a period of two hours, and the same does not interfere with or impede the flow of traffic. (Ord, 1143 §1 (part), 2006, Ord. 6,113 §7 1966) 8.28,080 Authorization to impound. Members of the police department, where specifically authorized below, at e authorized to remove and imPOUnd vehicles immediately, unless specific prior notice Of Stich removal and 'IMPOUnd i,s required as described in each subsection below, by means of towing or otherwise, under any of the following circurnstances, A, When, a vehicle poses an immediate danger to puNic safety, including but riot limited to danger arising from rnecl,,ianiccal defect(s) or defective equipment, or is obstrUcting traffic on any public street, right-of-way, alley, access way or parking area and is Unattended or, if attended, the owner or person in charge of the vehicle refuses or is unable to remove it or provide for its rernoval, B. 'V\Ihen a vehicle is deterrnined to be an abandoned vehicle and the officer has complied with the notice requirei-nents of Section 8.28.030, an abandoned vehicle is U � declared tea be a public nuisance. C. When a vehicle is found in a 'Low -away zone or abandoned at the scene of an accident, D. When a vehicle is determined to be a junk vehicle and is located on private property, and the code enforcer rent officer or law en"0, " r ement officer, has complied 1 C Submitted at HCNB Meeting on 3/14/2019 with the notice requirements of Section 3.26.030, storage or retention of a junk vehicle or parts thereof on private property is declared to be a public nuisance subject to removal and impound. E. When the operator of a vehicle is arrested and placed in custody, or is otherwise incapacitated and is not in condition to drive, and the vehicle is not in a place of safety and there is no other person present or reasonably available to properly act as agent for such operator to drive the vehicle to a place of .safety. E. When an officer discovers a vehicle that the officer determines to be stolen. G. When a vehicle is blocking or otherwise Impeding United States Postal Service delivery, vehicles and/or facilities, water meters, pipeline valves, or other waterworks appliances or fixtures, from access by City personnel. Fie When a vehicle has three delinquent parking tickets for the Same violation, at the same location. (Ord. 1143 §1(part)„ 2006) 8. 28.090 ate ent and removal of unauthorized junioie from i ate NOTICE OF ABATEMENT/REMOVAL OF UNAUTHOR6 ZBIC JUNK VEHICLES OR PARTS THEREOF Submitted at HCNB Meeting on 3/14/2019 �Hearing must actuafly be received by the Wapato Municipal Court 0erk before the Wmato Muncrpal Court closes on (insert date). You will be notified by mail of your court appearance firne and date. Code Enforcement Officer City of Wapato BEFORE THE VVAPATO MUNlClPAL COURT GITY OF WAPATO, ) NO, a MunicipM Corporation, ) ) REQUEST FOR PRE- PBainfiff, ) lIMPOUNDMENT HEARiNG V. ) Submitted at HCNB Meeting on 3/14/2019 [Vehicle Owner's Name] ) [Property Owner's Name] ) DATED this _ day of Signature of Owner: Address - Phone Number. - Signature of Property Owner: Phone Number: E If the code enforcement officer is unable to ascertain the name and address of the vehicle owner, the code enforcement officer shall attach a copy of the notice addressed to "Unknown Owner" to the vehicle in a conspicuous place and this shall be deemed sufficient notice. C. If a request for a hearing is received, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized Submitted at HCNB Meeting on 3/14/2019 assessment roll and to the registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine D. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for the denial. E. This section shall not apply to the foflowing authorized vehicles: 1. A vehicle or part thereof that is completely enclosed within a building or sufficiently fenced in a lawful manner where it is not visible from the street or other public or private property" or Z A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 4&K1 . Submitted at HCNB Meeting on 3/14/2019 8. 28.110 Owner of record presumed liable for costs when vehicle abandoned— Exceptions. A. The abandonment of any vehicle or vehicle hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing and disposing of any abandoned vehicle. B. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if, within five days of the transfer, he transmits to the Department of Licensing a seller's report of sale, and provides a copy to the code enforcement officer, (Ord. 1143 1(part), 20 6) 8. 28.120 Impounding not a bar to prosecution. The impounding of the vehicle shall not preclude charging the violator with any violation of the law on account of which such motor vehicle was impounded. (Ord, 1143 §1 (part), 2006) 8.28.130 Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a maximum fine of five hundred dollars. (Ord. 1143 §1 (part), 2006) The Wapato Municipal Code is current through Ordinance 1322, passed December 18, 2017. Disclaimer: The City Clerk's Office has the official version of the Wapato Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above, City Website, hftp1Nvww.wa pato -city, o rg/ City Telephone: (509) 877-2334 Code Publishing Company Submitted at HCNB Meeting on 3/14/2019 Surmyside, Washington Chapter 8.28 ABANDONED AND JUNK VEHICLES Section& 8.28.010 Statutes adopted by reference. M'i;1111 =� I ;11i; I I! I I 1� I I E I tq� I I �! 111 8.28.036 Abatement and removal of junk vehicles or parts thereof from private property. M 8.28.070 Owner of record presumed liable for costs when vehicle abandoned -- Exceptions. 8.28.100 Contract with registered disposer to dispose of vehicles and hulks — Compliance required. I!I1 � � I I I � Tl"'!, I Z I M'', 11,171,11,111ff", 1 "3111", F,,' , g� 101Ill DIWIM" = 8.28.010 Statutes adopted by reference. The following statutes of the Revised Code of Washington are adopted by reference as sections of this code. For the purposes of interpreting the meaning of the statutes Submitted at HCNB Meeting on 3/14/2019 adopted by reference, reference therein to the State of Washington or to the ............ 46.55.070 Posting Requirements — Exception 46.55.080 Law Enforcement Impound, Private Impound 46.55.085 Law Enforcement Impound — Abandoned Vehielii 46.55.090 Storage, Return Requirements — Personal Belongings — Combinatior Endorsement for Two Truck Drivers — Authority to View Impounded 46.55.100 Impound Notice —Abandoned Vehicle Report —Disposition Report 46.55.110 Notice to Legal and Registered Owners 46.55.120 Redemption of Vehicles — Sale of Unredeemed Vehicles 46. 55.130 Notice Requirements —Public Auction —Accumulation of Storage Charges 46. 55.140 Operators Lien, Deficiency Claim, Liability 46.55.230 Junk Vehicles — Certification — Notification, Removal, Sale [Ord. 1923 § 2, 1996; r.1 § 1, 1992; Ord. 1537 § 1, 1985; Ord. 1482 § 1, 1984.1 For the purposes ofthis chapter, the following words shall vet following meanings: A. "Abandoned vehicle" means any vehicle left on private property for more than 24 hours without permission of the person having right to possession of the property, or left within the right-of-way, including parking strips and sidewalks, of any public street or highway, or on public property opened for vehicular travel or parking for 24 W 11 'ill'! 1 111111111 Ill I Ifill , Submitted at HCNB Meeting on 3/14/2019 E. "Junk vehicle" means a motor vehicle that has been certified as meeting least two of the follovAng requirements- i 7 is extensiveiylarnagel, sacniarnage InciT.uTrTg;-oTY 117, T F f t ) following: a broken window or windshield or missing wheels, tires, motor or 3. Has an approximate fair market value equal only tate approximate value of the scrap in it-, ��Iyijiiiiijj jI�pIIIIjIIp1jj11q Iqy�jIIIjpIjIgpypIIII 1!� F. "Vehicle" means 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, except that mopeds shall be considered vehicles. "Vehicle" also means any and all types of trailer. G. "Vehicle hulk" means any portion or portions of a vehicle which are inoperative and cannot be made mechanically operative without additional vital parts and a H. "Property Maintenance Facilitator' means -'•p_ Maintenance Facilitator as defined in Chapter 8.32 SMC. [Ord. 1980 § 11, 1999; Ord. 1923 § 2, 1996,- Ord. 8.28.030 Authorization to impound. Members of the Police Department and the Property Maintenance Facilitator, where specifically authorized below, are authorized to remove and impound vehicles immediately, unless specific prior notice of such removal and impound is required as described in each subsection below, by means of towing or otherwise, under any of thY following circumstances'. A. When a vehicle poses an immediate danger to public safety, including but not limited to danger arising from mechanical defect(s) or defective equipment, or is obstructing traffic on any public street, right-of-way, alley, access way or parking Submitted at HCNB Meeting on 3/14/2019 area and is unattended or, if attended, the owner or person in charge of the vehicle refuses or is unable to remove it or provide for its removal. SIVIC 8.28.031, an abandoned vehicle is declared to be a public nuisance. C. When a vehicle is found in a tow -away zone or abandoned at the scene of an accident. D. When a vehicle is determined to be a junk vehicle as defined in SIVIC 8.28.020(E) and is located on private property, and the law enforcement officer or Property Maintenance Facilitator, has complied with the notice requirements of SIVIC 8.28.035, storage or retention of a junk vehicle or parts thereof on private property is declared to be a public nuisance subject to removal and impoundment. E. When the operator of a vehicle is arrested and placed in custody, or is otherwis�." incapacitated and is not in condition to drive, and the vehicle is not in a place of safety and there is no other person present or reasonably available to properly act as agent for such operator to drive the vehicle to a place of safety. G. When determined by a commanding officer that a vehicle must be removed from a fire zone established in SIVIC 15.02.01 O(B), or as authorized by Section 10.101 of the Uniform Fire Code, 1988 Edition, or as subsequently amended. H. When a vehicle is blocking or otherwise impeding United States Postal Service delivery, vehicles and/or facilities, water meters, pipeline valves, or other waterwor and the water account servic] by the blocked waterworks fixture is delinquent or past due. [Ord. 1980 § 11, 1999; *rd. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1482 § 1, 1984.1 8.28.031 Law enforcement impound — Abandoned vehicle. A. A law enforcement officer discovering an abandoned vehicle as defined in SIVIC 8.28.020(A) shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information: Submitted at HCNB Meeting on 3/14/2019 the sticker is attached, the vehicle may be taken into custody and stored at the owners expense; and 4. The address and telephone number where additional info tion may be obtained. B. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker. C. If the vehicle is not removed within 24 hours from the time the notification sticker is attached- the law enforcement officer map take custod,�j of the vehicle and rovide for the vehicle's removal to a place of safety. A vehicle that does not pose a safety hazard in the opinion of the law enforcement officer may remain on the roadside for more than 24 hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. D. For the purposes of this section a place of safety includes the business location 2, registered tow truck operator. [Ord. 1923 § 2, 1996.] 8.28.035 Abatement and removal of junk vehicles or parts thereof from private property. A. The storage or retention of an unauthorized junk vehicle on private property is declared to constitute a public nuisance subject to removal and impoundment. The Property Maintenance Facilitator shall inspect and investigate complaints relative to unauthorized junk vehicles, or parts thereof, on private property. Upon discovery of such nuisance, the Property Maintenance Facilitator shall give notice in writing either by personal service or by mail, in accordance with the provisions of Chapter 8.32 SMC, to the last known address of the last registered owner of record and to the property owner to abate the nuisance or face removal of said vehicle. In addition to the notice requirements of Chapter 8.32 SIVIC, the notice under this section shall inform the registered owner of record and property owner that a hearing before the Sunnyside Municipal Court may be requested in writing directed to the Property Maintenance Facilitator within 14 days of said notice of nuisance. If no Submitted at HCNB Meeting on 3/14/2019 hearing is requested within 14 days, the vehicle will be removed. Notice as described hereins II be substantially in the following form: NOTICE OF ABATEMENT/REMOVAL OF JUNK VEHICLES OR PARTS THEREOF NOTICE IS HEREBY GIVEN to the (insert name of owner) of a vehicle described as (insert description of vehicle, make, model, year, license number and motor number if available) located at (insert address) and notice is hereby given to the owner of the property on which said vehicle is located, that the presence of said vehicle on such property constitutes a nuisance in violation of SMC 8.28.035("Abatement and Removal of Unauthorized Junk Vehicles or Parts Thereof From Private Property"). The owner of the vehicle and the property owner must abate the nuisance by removing said vehicle from the property. If such vehicle is not removed from its present location within fourteen (114) days of (insert date), the City shall impound and remove said vehicle. YOU ARE FURTHER NOTIFIED that you have the right to protest the removal of said vehicle if you request a hearing by personally delivering, or by mailing to the Sunnyside Property Maintenance Facilitator, 818 E. Edison Avenue, Sunnyside, Washington 98944, a copy of the following "Request for Pre-Impoundment/Removal Hearing" within four -teen (14) days of the date of this Notice of Abatement/Removal of Junk Vehicles. The Request for Hearing must actually be received by the Property Maintenance Facilitator before the City Clerk's Office closes on the date specified. Signed-, Property Maintenance Facilitator City of Sunnyside CITY OF SUNNYSIDE, NO, a Municipal Corporation, Submitted at HCNB Meeting on 3/14/2019 -Vs- ) IMPOUNDMENT ) HEARING (Owner's Name)) (Property Owner's said vehicle is located, request a hearing to contest the validity of the proposed impoundment of the vehicle described in the foregoing Notice of Removal and Impoundment, and I understand that this request must be returned to the Sunnyside Municipal Court Clerk before the date listed in the "Notice of Removal and MZ�Ml B. If the Property Maintenance Facilitator is unable to ascertain the name and address of the vehicle owner, the Property Maintenance Facilitator shall attach a copy of the notice addressed to "Unknown Owner"to the vehicle in a conspicuous C. If a request for a hearing is received, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll Submitted at HCNB Meeting on 3/14/2019 v.nd to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership. D. The owner of the land on which the vehicle is located may appear in person at t hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the Sunnyside Municipal Court shall not assess costs of administration or removal of the vehicle against the property upon which the vehicl is located or otherwise attempt to collect the cost from the owner. I E. Cost of removal of a vehicle or parts thereof under this section shall be assesse-#', against the last registered owner of the vehicle or vehicle hulk if the identity of the owner can be determined, unless the owner, in the transfer of ownership of the vehicle or vehicle hulk, has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes the facts set forth above in subsection (D) of this section. 1. A vehicle or part thereof that is completely enclosed wn a building or sufficiently fenced in a lawful manner where it is not visible from the street or other public or private property; or 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 G. After notice has been given of the City's intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or parts thereof shall be remove* . at the request of the Police Chief or his designee and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked. An appeal from a *7alt SVN,.rjsk#u�. "�'�,#,2K+&*1MLot District Court, Sunnyside, within 10 days of that decision or the right to appeal is Submitted at HCNB Meeting on 3/14/2019 waived. [Ord. 1980 § 11, 1999-1 Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992,- Ord. 1482 § 1, 1984.] 0 BRA - 04M County District UOURTor bunnysilte,"Wrlin 15 Tays Or 11101,777 117 u7cisli-177711i untly fees shall be paid by appellant. The City may act immediately upon a decision of the Sunnyside Municipal Court unless the appellant requests a stay of action and posts a bond with the Sunnyside Municipal Court Clerk in the amount determined by the Sunnyside Municipal Court as reasonable. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992,- Ord. 1482 § 1, 1984.] 8.28.050 Disposition of abandoned unauthorized junk vehicles. A. Notwithstanding any other provisions of law, the Police Chief on his own volition, or upon request from a private person having the right to possession of the property upon which an abandoned or unauthorized junk vehicle has been left, shall inspect and may authorize the disposal of an abandoned or unauthorized junk vehicle. The Police Chief shall record the make of such vehicle, the serial number or vehicle identification if available, and shall also detail the damaged or missing equipment to verify that the value of such abandoned unauthorized junk vehicle is equivalent to the value of the scrap metal therein only. He shall prepare in duplicate for each such abandoned unauthorized vehicle an authorization to dispose on a form provided by the department. He shall issue the original copy of such authorization to dispose to any licensed hulk hauler, motor vehicle wrecker, or scrap processor for the purpose of acquiring an abandoned unauthorized junk vehicle-, provided, that such acquisition is for the purpose of ultimate transfer to, and demolition by, a licensed scrap B. Any monies arising from the disposal of abandoned unauthorized junk vehicles shall be deposited in the City's current expense fund. [Ord. 1923 rl= I I I I I I I I I I I !I I I I I I I I I I I I I I ii I I I I I I III Jill I " Submitted at HCNB Meeting on 3/14/2019 A. It shall be the duty of the Police Chief to report abandoned or stolen vehicles immediately to the Chief of the Washington State Patrol. B. Inthe event that any motor vehicle reported as stolen has been recovered, the person so reporting the same as stolen shall be guilty of a misdemeanor unless he shaII report the recovery thereof to the Police Chief, to whom such motor vehicle was reported stolen. C. It all be the duty oft Police Chief to report tot Chief oft Washington State Patrol all vehicles or vehicle hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed inthe custody of a registered disposer. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.] 8.28 .070 Owner of record presumed liable for costs when vehicle abandoned — Exceptions. A. The abandonment of any vehicle or vehicle hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing and disposing of any B. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if, within five days of the transfer, he transmits to the Department of Licensing a seller's report of sale on the form prescribed by the Director. [Ord. 1996,- Ord. 1784 § 1, 1992.] 8.28.080 Owner or agent required to pay charges — Lien. A. Any costs incurred in the removal and storage of an impounded vehicle shall be lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid by the owner or his agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his agent; if the vehicle is redeemed, such costs shall be received from the proceec, of sale. B. Either a registered or legal owner may claim an impounded vehicle by payment of 2.11 charges that have accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that Submitted at HCNB Meeting on 3/14/2019 the vehicle has been claimed, and by whom. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.] The impounding of the vehicle shall not preclude charging the violator with any violation of the law on account of which such motor vehicle was impounded. [Ord. 8.28.100 Contract with registered disposer to dispose of vehicles and hulks — Compliance required. A. The City may contract with any registered tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the Department for the purpose of disposing of certain vehicle hulks, abandoned junk vehicles and abandoned vehicles. The tow truck operator under this section shall be required to comply with all regulations and rules under Chapter 46.55 RCW and the Washington Administrative Code. B. Any registered disposer under contract to the City for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the Police Chief or Director. [Ord. 1923 §, 1996 Ord. 1784 § 1, 1992] 8.28.110 Unlawful to abandon unauthorized junk vehicles. No person shall willfully leave an abandoned or unauthorized junk vehicle on private property for more than 24 hours without the permission of the owner having the right to possession of the property, or upon or within the right-of-way of any highway or other property open to the public for purposes of vehicular travel or parking for 24 hours or longer without notification to the Chief of Police of the reasons for leaving the vehicle in such a place. For the• + of this section, the fact that a vehicle has been so left without permission or notification is prima facie evidence of abandonment. Any person convicted of abandoning an unauthorized junk vehicle shall be assessed any costs incurred by the City in disposing of such vehicle less monies accrued to the City from such disposal. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.] FrIVNIM, 1=10 Submitted at HCNB Meeting on 3/14/2019 Ro person shall leave or permit any vehicle to remain on any highway or private property longer than 24 hours without the permission of the owner. [Ord. 1996; Ord. 1784 § 1, 1992.) Any person violating any provision of this chapter shall be deemed to have committed a civil infraction and assessed the monetary penalties authorized pursuant to SIVIC 1.16.010, including restitution as determined appropriate by the Court. [Ord. 2018 § 13, 2000; Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.] tlorne < > Submitted at HCNB Meeting on 3/14/2019 Everett Chapter 8.22 JUNK AND INOPERABLE MOTOR VEHICLE ABATEMENT Use of Hearing Examiner Sections: 8.22.010 Title, 8.22.020 Definitions. 60 —Repealed. 1 Repealed. 8.21010 Title. The ordinance codified in this chapter shall be known as the "Junk and Inoperable Motor Vehicle Abatement Ordinance" and may be cited as such. (Ord. 2837-05 § 2, 2005: Ord. 2338-98 § 1, 1998) 8.22,020 Definitions. For the purposes of this chapter, the following words shall have the following meanings: A "City" means the city of Everett. B. "Code enforcement officer" means a code enforcement officer, the director of code enforcement, or designee. "Code enforcement" and "code compliance" shall have interchangeable meanings. C. "Department" means the Washington State Department of Licensing. D. "Director" means the Director of the Department of Licensing or his designee. E "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, F. "Impound," for purposes of this chapter, means to take and hold a vehicle in legal custody: G. "Inoperable vehicle" means a motor vehicle substantially meeting the following requirements: 1. Not having valid vehicle license and tabs; or 2. Damaged to such extent as to render it illegal for operation on any public highway, including but not limited to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel, or other general conditions that would render a vehicle incapable of being driven on a public highway. H. "Junk vehicle" means a vehicle substantially meeting the following requirements: 1. Is three years old, or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 1 Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. I. "Police chief'means means the Everett police chief or his designee. J. "Vehicle," for the purposes of this chapter, has the same definition as the definition of "motor vehicle" in RCW 46.04.320 as now or hereinafter enacted. (Ord. 2837-05 § 3, 2005: Ord. 2338-98 § 2, 1998) 8.22.030 Abatement and removal of junk and inoperable motor vehicles from private property, A. All junk and inoperable vehicles placed or situated upon private property within the city limits shall constitute a criminal violation and shall be subject to the penalties as set forth in Section 8.22.100 of this chapter, and are also public nuisances to be abated as provided in this chapter; provided, however, that this chapter shall not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130; or 3. A vehicle enclosed in an opaque auto cover specifically designed to completely shield the vehicle from view. The cover must be in good condition and must be replaced if it is tom, weather-beaten, or acquires any other defects. Tarps and makeshift covers do not meet the requirement. (Still needs not to be viewed from public streets or properties) Submitted at HCNB Meeting on 3/14/2019 8.22.040 Violation citation—Issuance—Service. A. A code enforcement officer, the director of code enforcement or his or her designee (hereinafter referred to as "a code enforcement officer") is authorized to issue and serve a violation citation upon reasonable belief that violation occurred. 13 ' violationi be issued to the property owner of record upon which land a vehicle deemed violationin of equalized 4roll, and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition that identification numbers are not available to determine _ ownership, violationC The 1 be served by by citationaddress, i determined by the codei.'.: certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. D. violation i •information: property;I . The name and address of the person to whom the citation is issued; 1 The location of the subject property by address or other description sufficient for identification of the subject 3. A description of the vehicle and its location, and the reasons for which the city deems it to be a public nuisance in violation of this chapter; description of the corrective action necessary to eliminate the violation; 5. The date by which the corrective action must be completed to avoid a hearing before the violations hearing exammer; 6. The date and time of the hearing before issued7. A statement that the person(s) to whom the citation is may avoid the hearing before violationscorrective action to be taken by thef the citation; r. A statement that if any of the persons to whom the violation citation# wish to contest the violation,i the hearing as noted in the violation citation; impound9. A statement that if the persons to whom the violation citation is issued fail to complete the corrective action by the date required or appear at the hearing, the city or its designee shall remove, and dispose of !., will assess all costs of administrationand removal against propertythe owner of the i ! or otherwise costsi and 10, A statement that the owner of the r upon which the vehicle is located may provide land,statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the with his or her reasons for the denial, i de w i of this chapter.• a f 2338-98 w 4, 1998) i `! i..WMEMI !` _ r i t i..... i' :i ! i i` i ! ♦ s r i, at the hearing.. and deav-Leaponsibility for the D.resence of the vehicle on the laa. with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of l:1 and that administration or removi property 1 d or otherwise: o collect the cost from the property owner. (Ord. 2338-98 § 5, 1998) 8.22.060 Monetary penalty. Repealed by Ord. 2837-05. (Ord. 2338-98 § 6, 1998) 8.22.070 Repeat violators. Repealed by Ord. 2837-05. (Ord. 2338-98 § 7, 1998) 8.22.080 Order of the violations hearing examiner—Violation. The order of a violations hearing examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his/her last known address as determined by a code compliance officer. Submitted at HCNB Meeting on 3/14/2019 Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. Thereafter, violation of the terms c a violations hearing examiner's order shall constitute a misdemeanor and a separate misdemeanor shall be committed for each day that an order is violated. (Ord. 2338-98 § 8, 1998) 8.22.090 Removal and disposal—Costs Liens. AAfter notice has been given of the city's intent to dispose of the vehicle and after the hearing has been held, resulting in authority to remove, the vehicle or part thereof shall be removed at the request of a law enforcement officer and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the Department that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this chapter shall be processed in the manner described in the Washington of Traffic Ordinance. B. Any registered disposer under contract of the city for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the local authority or the Director. CCosts of removal may be assessed against the registered owner of the vehicle if the identity of the owner ca be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, subject to Section 8.22.050 of this chapter. D. The impounding of a vehicle shall not preclude charging the violator with any violation of the law on accov Y f which such vehicle was impounded. E. In addition to, or in lieu of, any other state or local provisions for the recovery of costs, the city may, after removal of a vehicle under this chapter, file for record with the county auditor to claim a lien for the cost of removal and any and all outstanding fines and collection costs, which shall be in substance in accordance with the provision covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in tht same manner as such liens. (Ord. 2338-98 § 9,1998) 8.22. 100 Pe-uz1fies. WMI criminal offense and shall be punishable by a fine of one hundred dollars plus costs. Each day that any person is in fY rth herein. (Ord. 2837-05 § 8,2005: Ord. 2338-98 § 10, 1998) Submitted at HCNB Meeting on 3/14/2019 Submitted at HCNB Meeting on 3/14/2019