HomeMy WebLinkAbout2006-056 Fence Requirement to Screen Junk & Hulk Vehicles; YMC Amendment 9.47.030 and 9.47.040 ORDINANCE NO. 2006 - 56
AN ORDINANCE relating to vehicle impounds, allowing a junk vehicle to be
stored on private property when the junk vehicle is screened
from public view by a six -foot fence, removing the exception
that allows a junk vehicle to be kept on private property if
covered or screened from public view, and fixing a lettering
error contained in 9 47 040; and amending Sections 9 47 030
and 9 47 040 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
"9.47.030 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.
and
cim/ordinance /junkvehicle/Page 1 of 8
NOTICE IS HEREBY GIVEN that the presence, storage, or retention of a junk
vehicle described a follows:
(Description of iunk vehicle) at
(Location where iunk 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
Altemately, 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
covered or screened from view and you 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 retum 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.
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
cim/ordinance /junkvehicle/Page 2 of 8
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 governmental 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) Where t The junk vehicle is completely enclosed within a building as defined
bv Section 15.02.020 of the City of Yakima Municipal Code in- a -lawful
male or screened from view bv a six -foot fence and where it is not visible
from the street or other public or private property;
(2) Where t 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) Where t -The vehicle is currently registered and displays a current and valid
license plate and tabs „ -er
u
Section 2. Section 9 47 040 of the City of Yakima Municipal Code is hereby
amended to read as follows
"9.47.040 Unauthorized vehicle.
A. Immediate Public Impound. Unauthorized vehicles pursuant to Section
9 47 010(J)(1)(a) may be immediately impounded by a registered tow truck operator at
the direction of a law enforcement officer A public works department employee under
written designation by the public works director may authorize impoundment of vehicles
pursuant to Section 9 47 010(J)(1)(a)(i), (v) or (vi) in accord with procedures of this
chapter or other applicable code sections.
B. Public Impound after Forty -Eight Hours. Unauthorized vehicles pursuant to
Section 9 47 010(J)(1)(a)(ii) may be impounded when the vehicle has remained
substantially in that same location for an additional forty -eight hours after notice is given
by a law enforcement officer pursuant to subsections (1) and (2) as follows.
(1) The law enforcement officer shall securely attach to and conspicuously
display on the vehicle a notification sticker The chief of police or an
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authorized designee shall design the sticker in compliance with RCW
46.55 085
(2) If the vehicle has current registration plates, the officer shall check the
records to leam the identity of the last owner of record and the officer or the
agency shall make a reasonable effort to contact the owner by telephone in
order to give the owner the information on the notification sticker
C Immediate Private Impound. Unauthorized vehicles pursuant to Section
9 47 010(J)(2) may be immediately impounded by a registered tow truck operator at the
direction of the property owner or his agent. A law enforcement officer may also direct
the impoundment pursuant to a writ or court order
I) Posting Requirements — Exception. No person may impound, tow, or otherwise
disturb any unauthorized vehicle standing in nonresidential private property or in a public
parking facility for less than twenty -four hours unless a sign is posted near each
entrance and on the property in a clearly conspicuous and visible location to all who park
on such property that clearly indicates:
(1) The times a vehicle may be impounded as an unauthorized vehicle,
(2) The name, telephone number and address of the towing firm where the
vehicle may be redeemed; and
(3) Such signs shall be of a type, size and placed so as to conform with
department rules and regulations.
E. Signed Authorization. The person requesting a private impound or the law
enforcement officer or the public official requesting a public impound shall provide a
signed authorization for the impound at the time and place of the impound to the
registered tow truck operator before the operator may proceed with the impound. A
registered tow truck operator may not serve as an agent of a property owner for the
purposes of signing an impound authorization.
F Other Violations. A law enforcement officer may authorize impoundment of
vehicles on public or private property for other violations, in accord with the procedures
of this chapter or other applicable code sections.
G Notice of Impound. The impounding towing operator, shall notify the legal and
registered owners of the impoundment of the vehicle as shown on department records.
The notification shall be sent by first -class mail within twenty -four hours after the
impoundment to the last known registered and legal owners of the vehicle, the
addresses of whom shall be provided by the chief of police or an authorized designee
The notification shall include the name of the impounding tow firm, its address and
telephone number, the location and time of the impound, and by whose authority the
vehicle was impounded. The notice shall also include the written notice of the right of
redemption and opportunity for a hearing to contest the validity of the impoundment
pursuant to Section 9 47 040(H), (I), (J) and (K)
H Redemption Vehicles may be redeemed from such operator only under the
following circumstances.
(1) Impounded vehicle may be redeemed by only
a. A legal owner; or
b. The registered owner; or
c. A person authorized in writing by the registered owner or the vehicle's
insurer; or
s_d. One who has purchased the vehicle from the registered owner and who
produces proof of ownership or written authorization, and who signs a receipt
acknowledging delivery of the vehicle, provided, that a person redeeming a
vehicle pursuant to subsection (1)(b), (c) or (d) of this subsection shall sign an
agreement in the following form:
cim/ordmance /junkvehicle/Page 4 of 8
RECEIPT /HOLD HARMLESS AGREEMENT
I claim a present right of possession as (circle one) (registered owner) (person
authorized in writing by the registered owner) (person authorized in writing by
the vehicle's insurer) (one who has purchased the vehicle from the registered
owner) in
(vehicle make, model, year, license number, and motor number)
and, I acknowledge receipt of this vehicle from
tow truck operator - business name
I understand that by allowing me to redeem this vehicle the City may be subject
to liability for damages to the legal owner I agree to defend, indemnify, and
hold harmless the City of Yakima, its officers, agents, and employees against
all claims of liability involving release of the vehicle to me
Date of signature
Signature
(Address)
Witness.
(2) No vehicles impounded pursuant to Section 9 47 010(J)(1)(a)(i) -(xvi) of this
chapter shall be released without written authorization for release by the chief
of police or and authorized designee.
(3) The vehicle shall be released upon conditions stated herein, including the
presentation to any person having custody of the vehicle of commercially
reasonable tender sufficient to cover the costs of towing, storage, or other
services rendered during the course of towing, removing, impounding, or
storing any such vehicle
(4) In accord with RCW 46.55 120(1)(e), any person who stops payment on a
personal check, or does not make restitution within ten days from the date a
check becomes insufficient due to lack of funds, to a towing firm that has
provided a service pursuant to this section or in any other manner defrauds
the towing firm in connection with services rendered pursuant to this section
shall be liable for damages in the amount of twice the towing and storage
fees, plus costs and reasonable attorney's fees.
I Hearings. The registered tow truck operator shall give to each person who
seeks to redeem an impounded vehicle written notice of the right of redemption and
opportunity for a hearing, which notice shall be accompanied by a form to be used for
requesting a hearing, and a copy of the towing and storage invoice. The notice shall
further reflect that the written hearing request must be received by the City of Yakima
Municipal Court within ten days of date of issuance; that the consequence of failing to
request a hearing is waiver of that right and the registered owners liability for all towing,
storage and related costs and that the party requesting the hearing may be found liable
cim/ordinance /junkvehicle/Page 5 of 8
for said costs. The registered tow truck operator shall maintain a record evidenced by
the redeeming person's signature that such notification was provided and the date it was
provided.
(1) Any person seeking to redeem an impounded vehicle under this section has
a right to a hearing in Yakima County Municipal Court to contest the validity
of the impoundment or the amount of towing and storage charges. Any
request for a hearing shall be made in writing on the form provided for that
purpose and must be received by the court within ten calendar days of the
date the notice was provided for in subsection (I) of this section. If the hearing
request is not received by the court within the ten -day period, the right to a
hearing is waived and the registered owner is liable for any towing, storage,
or other impoundment charges permitted under this chapter Upon receipt of
a timely hearing request, the court shall proceed to hear and determine the
validity of the impoundment.
(2) The court, within five days after the request for a hearing, shall notify the
registered tow truck operator, the person requesting the hearing if not the
owner, the city attorney in the event of public impound, the registered and
legal owners of the motor vehicle, and the person or agency authorizing the
impound in writing of the hearing date, time and place.
(3) At the hearing, the person or persons requesting the hearing may produce
any relevant evidence to show that the impoundment, towing, or storage fees
charged were not proper
(4) At the conclusion of the hearing, the court shall determine whether the
impoundment was proper, whether the towing or storage fees charged were
in compliance with the posted rates, and who is responsible for payment of
the fees.
(5) If the impoundment is found proper, the impoundment, towing and storage
fees as permitted under this chapter together with court costs of $40 00 shall
be assessed against the person or persons requesting the hearing, registered
owner or other responsible party unless the operator did not have a signed
and valid impoundment authorization from a private property owner or an
authorized agent. In that case, or for just cause, the operator forfeits towing
and storage fees.
(6) If the impoundment is determined to be invalid, then the registered and legal
owners of the vehicle shall bear no impoundment, towing, or storage fees,
and any bond or other security shall be returned or discharged as
appropriate, and the person or agency who authorized the impoundment, or
other responsible party, shall be liable for any towing, storage, or other fees
permitted under this chapter, unless fees are adjudged forfeited or ordered
paid by another
(7) The city shall have no obligation to pay any impoundment, storage, penalty,
or other charges incurred where the registered tow truck operator fails to give
proper notices, furnish forms, maintain records, or furnish, without charge,
proper documentation of the same when required in any hearing to determine
liability, or where the towing company otherwise violates the provisions of this
chapter
(8) The court may assess, allocate, or deny fees in whole or part against any
party or may impose conditions on payment.
J Promissory Note. In the event a legal or registered owner requests a hearing
under the terms of this section, the impounded vehicle shall be released to such owner
without charge, provided, that such owner requests such release and executes a
cim/ordinance /junkvehicle/Page 6 of 8
promissory note to the city of Yakima sufficient to cover the costs of towing, storage, or
other services rendered during the course of towing, removing, impounding or storing
any motor vehicle plus a penalty for failure to make timely payment. Such promissory
note shall be in substantially the following form
VEHICLE IMPOUNDMENT PROMISSORY NOTE
I promise to pay to the City of Yakima, at its police department offices at 200
South Third Street, Yakima, Washington, the sum of
(total amount of all towing, impoundment, storage and related fees)
within thirty days of the date set by the Yakima Municipal Court for the
impounded vehicle hearing which I have requested concerning the impoundment
of the following described motor vehicle.
(Vehicle make, model, year, license number)
!further promise to pay the City of Yakima at its police department office the
additional penalty amount of three hundred dollars in the event that I fail to pay
the amount listed in the preceding paragraph when due Notice of default and
demand are hereby waived.
In the event court action is necessary to collect this note the City of Yakima shall
be entitled to court costs and reasonable attorney fees
Signature
Address
Telephone Number
Name and Address of Employer
Driver's License Number
In the event the signator of a vehicle impoundment promissory note shall appear at a
hearing and pay immediately any judgment rendered against him, such promissory note
shall be deemed cancelled.
K. Sale. Any impounded abandoned vehicle not redeemed within fifteen days of
mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold
at public auction in accordance with all the provisions and subject to all the conditions of
RCW 46 55130. A vehicle may be redeemed any time before the start of the auction
upon payment of towing, storage and the related fees."
Section 3. 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 7th day of
November, 2006
cim/ordinance /junkvehicle/Page 7 of 8
promissory note to the city of Yakima sufficient to cover the costs of towing, storage, or
other services rendered during the course of towing, removing, impounding or storing
any motor vehicle plus a penalty for failure to make timely payment. Such promissory
note shall be in substantially the following form
VEHICLE IMPOUNDMENT PROMISSORY NOTE
I promise to pay to the City of Yakima, at its police department offices at 200
South Third Street, Yakima, Washington, the sum of
(total amount of all towing, impoundment, storage and related fees)
within thirty days of the date set by the Yakima Municipal Court for the
impounded vehicle hearing which I have requested concerning the impoundment
of the following described motor vehicle
(Vehicle make, model, year, license number)
I further promise to pay the City of Yakima at its police department office the
additional penalty amount of three hundred dollars in the event that I fail to pay
the amount listed in the preceding paragraph when due. Notice of default and
demand are hereby waived.
In the event court action is necessary to collect this note the City of Yakima shall
be entitled to court costs and reasonable attorney fees.
Signature
Address
Telephone Number
Name and Address of Employer
Driver's License Number
In the event the signator of a vehicle impoundment promissory note shall appear at a
hearing and pay immediately any judgment rendered against him, such promissory note
shall be deemed cancelled.
K. Sale Any impounded abandoned vehicle not redeemed within fifteen days of
mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold
at public auction in accordance with all the provisions and subject to all the conditions of
RCW 46 55 130. A vehicle may be redeemed any time before the start of the auction
upon payment of towing, storage and the related fees."
cim/ordmance /junkvehicle/Page 7 of 8
Section 3. 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 7th day of
November, 2006.
A :1'
David Edler, Mayor
ATTEST
City ke k
Publication Date 11 -10 -06
Effective Date. 12 -10 -06
cim/ordinance /junkvelucle/Page 8 of 8
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No ' Zl
For Meeting Of November 7, 2006
ITEM TITLE: An ordinance relating to vehicle impounds, allowing a junk vehicle
to be stored on private property when the junk vehicle is screened
from public view by a six -foot fence, removing the exception that
allows a junk vehicle to be kept on private property if covered or
screened from public view, and fixing a lettering error contained in
Section 9 47 040; and amending Sections 9 47 030 and 9 47 040
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. The Code currently allows an individual to keep a
junk vehicle on private property when the vehicle is covered or screened from view This
language permits tarp covered junk vehicles to be stored on private property in the public
view This amendment would remove this exception and add an exception for junk
vehicles screened from public view by a six -foot fence. The Yakima City Council has
made improving our community image a top priority and these proposed amendments to
the City of Yakima Municipal code will further that goal.
Resolution Ordinance Contract Other(Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL.
Ci anager
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. 2006-56