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HomeMy WebLinkAbout2007-001 Junk Vehicle Storage; Notice of Intention to Abate Nuisance; YMC Amendment 9.47.030 .® ORDINANCE NO. 2007 - 01 AN ORDINANCE relating to vehicle impounds, updating the "Notice of Intention to Abate Nuisance" to accurately list the acceptable junk vehicle storage methods, and amending Section 9 47 030 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 9 47 030 of the City of Yakima Municipal Code is hereby amended to read as follows. "947.030 Junk vehicle. A. Declaration of Nuisance — Authority for Abatement. The storage, retention, or presence of any junk vehicle declared to constitute a public nuisance subject to abatement by removal and impoundment as hereinafter provided The costs of such removal and impoundment may be assessed against the last registered owner of the junk vehicle if the identity of such owner can be determined, unless such owner in the transfer of ownership of the junk vehicle has complied with the provisions of RCW 46 12.101, or such costs may be assessed against the owner of the non -city -owned property on which the junk vehicle is stored and, if so assessed, constitute a lien thereon B Notice of Intent to Abate Before the removal and impoundment of any such junk vehicle, the Code Administration and Planning Manager shall cause written notice to be given substantially in the form hereinafter provided to the last registered owner of record of the junk vehicle, unless the vehicle is in such condition that identification numbers are not available, or to such other current owner as may be determined by the Code Administration and Planning Manager from the information available, and to the property owner as shown on the last equalized assessment roll upon whose property the junk vehicle is located that a public hearing may be requested before the municipal court, and that if no hearing is requested the vehicle hulk will be removed and impounded and costs assessed in accordance with this section This notice shall also be affixed to the junk vehicle Such notice shall be in substantially the following form NOTICE OF INTENTION TO ABATE NUISANCE City of Yakima (Date of Mailing) vs. cimlordmance /junkvehicle/Page 1 of 4 and NOTICE IS HEREBY GIVEN that the presence, storage, or retention of a junk vehicle described a follows ascription of junk vehicle) at (Location where funk vehicle is found) 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 therefore Recipients of this notice have fifteen 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 junk vehicle 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 sued -or screened from public view by a six -foot fence. and -yYou must arrange a follow -up inspection by contacting the office of the Code Administration and Planning Manager within ten days of this notice Code Administration and Planning Manager for the City of Yakima C Request for Hearing A person to whom such notice is given may obtain a hearing before the municipal court of Yakima on the issue of the removal and impoundment of the junk vehicle as a public nuisance, and on the issue of liability for costs of abatement, by making a request in writing, within fifteen days from the mailing date of the notice set forth in subsection B above, to the clerk of the municipal court of Yakima for such hearing. If such a request is made in a timely manner, the clerk of the municipal court of Yakima shall mail by certified mail with a five -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 the junk vehicle, unless the junk vehicle 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 municipal court of Yakima. 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 cim/ordinance /junkvehicle/Page 2 of 4 D Hearing by Municipal Court of Yakima. 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 such vehicle or parts on the land, with the reasons for such denial. If it is determined at the hearing that the junk vehicle was placed on the land without the consent of the land owners, and that the land owners have not subsequently intentionally acquiesced to its presence, then the municipal court shall not assess costs of abatement against the real property upon which the junk vehicle is located or otherwise attempt to collect such costs from said land owner In conducting such hearing, the judge or commissioner of the municipal court of Yakima shall act as an administrative hearings officer Appeal from the decision of the municipal court shall be to the Yakima County District Court pursuant to RCW 46 55.240 E. Impoundment and Disposal. After notice has been given of the intent of the city to remove and impound the junk vehicle, and after a hearing has been held, if requested, the junk vehicle 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 department that the junk vehicle has been wrecked The city may operate such a disposal site when the city council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of the junk vehicle to another govemmental body, provided such disposal shall be only as scrap F Lien for Abatement Costs. Within thirty days after the removal and impoundment of a junk vehicle from non - city -owned property, the 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 RCW Chapter 60 04, and said lien shall be foreclosed in the same manner as provided by law for foreclosure of mechanic's liens. G Exemption to Certain Owners. This section shall not apply to any junk vehicle kept on private property when one of the following conditions exist: (1) The junk vehicle is completely enclosed within a building as defined by Section 15 02.020 of the City of Yakima Municipal Code or screened from view by a six -foot fence and where it is not visible from the street or other public or private property; (2) The junk vehicle 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 such property is fenced according to the provisions of RCW 46 80 130 (3) The vehicle is currently registered and displays a current and valid license plate and tabs cim/ordinance /junkvelucle/Page 3 of 4 it Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL signed and approved this 9th day of January, 2007 "1.7: Edler, Mayor ATTEST City Clerk Publication Date 1 -12 -2007 Effective Date 2 -11 -2007 cim/ordinancerunkvehi:cle/Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No I S For Meeting Of January 9, 2007 ITEM TITLE: An ordinance relating to vehicle impounds, updating the "Notice of Intention to Abate Nuisance" to accurately list the acceptable junk vehicle storage methods, and amending Section 9 47 030 of the City of Yakima Municipal Code SUBMITTED BY: Doug Maples, Code Administration and Planning Manager Cynthia Martinez, Assistant City Attorney CONTACT PERSON/TELEPHONE: Cynthia Martinez, 575 -6033 SUMMARY EXPLANATION: Section 9 47 030 of the Yakima Municipal Code regulates junk vehicles within the City of Yakima. In November 2006, the Yakima City Council approved an amendment to the City of Yakima Municipal Code that changed the way a junk vehicle may be stored on private property This amendment would update the "Notice of Intention to Abate Nuisance" to reflect those recent changes. Resolution Ordinance X Contract Other(Specify) Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. City M nager STAFF RECOMMENDATION: Pass Ordinance. BOARD /COMMISSION RECOMMENDATION: The Yakima City Council Public Safety Committee is forwarding the attached ordinance to the full council for consideration The Committee was unanimously in favor of the proposed changes. COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2007-01