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HomeMy WebLinkAbout1979-2287 RELEASE OF IMPOUNDED VEHICLES TO LEGAL OWNER. ORDINANCE NO. c:2,2e5 AN ORDINANCE relating to traffic control, public safety and morals; authorizing the release of impoundedvehicles to their legal owner upon certain conditions; and amending Section 6.84,080 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA; Section 1, Section 6.84,080 of the City of Yakima Municipal Code is hereby amended to read as follows: "6.84,080 Redemption of impounded vehicle • or vehicle hulk, A. Any vehicle impounded pursuant to Section 6.84.030 of the City of Yakima Municipal Code shall be redeemed only under the following circumstances: 1, The owner, a person authorized in writing by the owner, or a person who has purchased a vehicle from the owner who produces proof of ownership or authorization satisfactory to the Chief of Police or his agent and to the operator of the impounding facility may redeem an impounded vehicle on the signing of a receipt therefor. a. In addition, the legal owner, as defined by R.C.W. 46,04,270, and his successors may redeem any vehicle impounded pursuant to Section 6.84.030 of the City of Yakima Municipal Code provided such legal owner claims a present right to possession of such impounded vehicle and signs a sworn statement substantially as follows: 'Affidavit STATE OF WASHINGTON ) ss. County o f Yakima ) , being first duly sworn on oath, deposes and says: I am the undersigned and the legal owner or his authorized agent of a (vehicle description, make, model, year, license number and motor number) and I claim a present right of possession in said vehicle. I understand that in allowing me to redeem said vehicle or vehicle hulk the City of Yakima may be liable for damages to the registered • owner. I agree to defend, indemnify and hold harmless the City of Yakima, its officers, agents, and employees against any and all claims or liability based on or arising from the release of said vehicle to me by the City of Yakima. 411 (Signature) SUBSCRIBED AND SWORN TO before me this day of , 19. Notary Public in and for the State of Washington, residing at 2. Any person so redeeming a vehicle impounded pursuant to this chapter shall pay to the tow truck operator the costs of impoundment, tow- ing and storage prior to redeeming such vehicle, and the operator of the impounding facility shall accept commercially reasonable tender, which tender shall include but shall not be limited to cash, personal checks drawn on local banks with proper identification and valid and appropriate credit cards; provided, that no such payment need be made to redeem the vehicle on the exercise of the procedure prescribed by sub-paragraph 3 of this sub- section A. 3. Any person seeking to redeem a vehicle impounded pursuant to Section 6.84.030 of the City of Yakima Municipal Code has a right to a hearing to contest the validity of the impoundment and/or the amount of towing and storage fees, and such person shall have his or her vehicle released when such person files with the Police Department a written and signed request for a post impoundment hearing which request shall read substantially as follows: 'IN THE YAKIMA COUNTY DISTRICT COURT CITY OF YAKIMA, a ] REQUEST FOR POST municipal corporation, IMPOUNDMENT HEARING v. 1 (Name of owner or agent) 1 , as owner or (full name) owner's agent of a (vehicle description, make, model, , hereby year, license number and motor number) request a hearing to contest the validity of its im- poundment or amount of fees: I understand that if I fail to appear at the time set for hearing, in accordance with a notice to be furnished me by the court, judgment will be entered against me for the amount of my promissory note payable to the City of Yakima, given in con- nection with this request for hearing, together with towing and storage fees and additional court costs. Dated (Signature of owner or agent) (Address) (Telephone number)c -2- . _ 111 The Chief of Police or his agent shall cause such request to be filed in court on the next court day, At the time of requesting such hearing, such person shall also execute a promissory note in the sum of Three Hundred Dollars, in addition to the.actual towing and III* storage fees incurred, which note shall become due and owing as a civil penalty to the City of Yakima in the event such person either; a. fails to appear at the post impoundment hearing, or b, fails to pay immediately upon judgment any towing or storage fees for which such person may be found liable at such. hear- ing. Such promissory note shall be deemed cancelled when such person either cancels his request for post impoundment hearing and pays the , III towing and storage charges plus court costs, or immediately after judgment pays the towing and storage fees together with, court costs after having been found liable therefor at the post impoundment hearing. 13, Any vehicle or vehicle hulk impounded pursuant to Section 6,04,035 of the City of Yakima Municipal Code shall be redeemable by its owner, its legal owner as defined by R.C.W, 46,04,270 and its successors who claim the right of present possession in such vehicle or vehicle hulk and who signa sworn statement substantially the same as found in Subsection A herein, a person authorized in writing by the owner, or a person who has purchased the vehicle or vehicle hulk from the owner, who produces proof of ownership or authorization satisfactory to the Chief of Police or his agent and the tow truck operator, and complies with the following conditions; 1. Such person makes payment of towing and storage • fees. The tow truck operator shall accept commercially reasonable tender, which tender shall include but shall not be limited to cash, personal checks drawn on local banks with proper identification and valid and appro- priate credit cards. 2, Such person signs a receipt for such vehicle or vehicle hulk," Section 2. 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.' 4.110 PASSED BY THE CITY COUNCIL, signed and approved this , day of , 1979. 40r 40 vo, /' Mayor ATTEST: ity • Cleyk -3-