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HomeMy WebLinkAbout2001-001 Vehicle hulks / junk vehicles ORDINANCE NO. 2001- 01 • AN ORDINANCE relating to traffic; removing the definition of vehicle hulk; providing exemptions for covered junk vehicles; transferring authority for a junk vehicle impound from the Chief of Police to the Code Administration Manager and; amending Sections 9.48.010 and 9.48.230 all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.48.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "9.48.010 Definitions. The definitions set forth in this section apply throughout this chapter: 1. "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in his possession for nincty six one hundred twenty consecutive hours. 2. "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned. 3. "Commission" means the State Commission on Equipment established under RCW 46.37.005. a. "Department" means the Washington State Department of Licensing. 4. "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds, public and private. a. "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located. b. "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. 5. "Junk vehicle" means a motor vehicle certified by the chief of police or his designee as meeting alt any three of the following requirements: a. Is three years or older; 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 transmission; c. Is apparently inoperable; d. Is without a.valid, current, registration plate; e-d. Has a fair market value equal only to the value of the scrap in it. 6. "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles. Registered operators are registered under RCW 46.55.020. 7. "Residential property" means property that has no more than four living units located on it. 8. "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the commission. 9. "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington. 10. "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it. 11. "Tow truck service" means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator. 12. "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: Ord code veh impound JBW /jbwl l /15/2000 2 Subject to removal after: a. Public locations: As described in Section 9.48.565 of this chapter Immediately ii. In a publicly owned or controlled public parking facility, properly posted under Section 9.48.070 of this chapter Immediately b. Private locations: On residential property Immediately ii. On private, nonresidential property, properly posted under Section 9.48.070 of this chapter, or other applicable authority Immediately iii. On private, nonresidential property, not posted 24 hours c. Nothing herein precludes impoundment or removal of vehicles or other personal property pursuant to other lawful authority. 13. "Unattended nuisance vehicle" means a vehicle not within the meaning of Section 9.48.010(12) but which is subject to impound after remaining in substantially the same location for twenty -four consecutive hours or longer upon any portion of a highway, or a parking lot operated by the city for public parking, or any portion of the city's right -of -way to include planting strips and sidewalks maintained for pedestrian traffic, and after the vehicle has remained substantially in that same location for any additional fourteen consecutive days after notice is given, by the chief of police or his agent pursuant to subsections (a) and (b) as follows: Ord.code veh impound JBW /jbw11 /15/2000 3 a. When the vehicle displays proper current registration or license plates so that the owner may be ascertained, or when the owner of the vehicle is determined by the police department from other information available, then the chief of police or his agent shall send notice, substantially as appears below, to such owner by certified mail, five -day return receipt requested. NOTICE OF IMPOUNDMENT Notice is hereby given to the owner, of a vehicle described as a (description —make, model, year, license number, and motor number) located at (address) that it will be impounded by authority of City of Yakima Municipal Code, Section 9.48.010(13), if such vehicle is not removed from its present location within fourteen days of (date). You are further notified that such vehicle will not be impounded if you request a hearing by personally delivering to, or by • mailing to, the Yakima Police Department, 129 North 2nd Street, Yakima, Washington, 98901, a copy of the following "Request for Pre - Impoundment Hearing" within fourteen days from the date specified above. Signed: Chief of Police of the City of Yakima By: Ord code veh impound JBW /jbwl 1/15/2000 4 • IN THE YAKIMA COUNTY DISTRICT COURT • CITY OF YAKIMA, a ) municipal corporation ) REQUEST FOR PRE - IMPOUNDMENT v. ) HEARING )NO. (Owner's name) ) ) I, as owner of the vehicle listed above, request a hearing to contest the validity of the proposed impoundment of the vehicle described in the foregoing "Notice of Impoundment "; and I understand that this request must be returned to the Yakima Police Department before the date listed in the "Notice of Impoundment." • Dated: (signature of owner) (address and telephone) • b. If the chief of police or his agent has actual knowledge that the owner of the vehicle is residing at an address different from that ascertained from the vehicle registration certificate, license plate information, or other public record and if such different address is known to the chief of police or his agent who gives the notice, then a copy of the notice contained in subdivision (a) of this subsection shall be mailed by certified mail, return receipt requested, addressed to that known address, or personally served upon such owner. Ord code veh impound JBW /jbwl 1 /15/2000 5 Section 2. Section 9.48.230 of the City of Yakima Municipal Code is hereby amended to read as follows: "9.48.230 VAT^ k Defin on Junk vehicle — Declaration of nuisance — Abatement procedure. Declaration of Nuisance — Authority for Abatement. The storage, retention, or presence of any junk vehicle #t4k is 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 hulk if the identity of such owner can be determined, unless such owner in the transfer of ownership of the junk vehicle hulk 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 hulk is stored and, if so assessed, constitute a lien thereon. Notice of Intent to Abate. Before the removal and impoundment of any such junk vehicle tKxm, the chicf of the Yakima policc dcpartmcnt Code Administration 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 hulk, 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 police d'^;t Code Administration Manager from the information available, and to the property owner as shown on the last equalized assessment roll upon whose property the junk vehicle hulk is located that a public hearing may be requested before the district 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 hulk. Such notice shall be in substantially the following form: NOTICE OF INTENTION TO ABATE NUISANCE City of Yakima (Date of Mailing) v. Ord code veh impound JBW /jbw11 /15/2000 • and NOTICE IS HEREBY GIVEN that the presence, storage, or retention of a junk vehicle #u4k described as follows: (Description of junk vehicle #t4k) at (location where junk vehicle hulk 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 County District Court may be had on the issues of impoundment and liability for the costs therefor. Recipients of this notice have 15 days from the above mailing date to request a public hearing before the district 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 Yakima City Clerk of the Municipal Court of Yakima either letter or in person within the time specified above, the junk vehicle hulk will be removed, and liability for costs of abatement or impound will be assessed against one or both of the above -named individuals in accordance with Section 9.48.230 of the city of Yakima Municipal Code. Alternately, if you believe the junk vehicle(s) in question are of value, they may be covered or screened from view in accordance with YMC 9.48.230(G)(4). In order to take advantage of this option, the junk vehicle(s) must be completely covered or screened from view and you must arrange a follow -up inspection by contacting the office of the code administration manager within ten(10) days of this notice. Chief of Police Code Administration Manager for the City of Yakima Ord code veh impound JBW /jbwl1 /15/2000 7 C. Request for Hearing. A person to whom such notice is given may obtain a hearing before the Municipal Court of Yakima County District Court on the issue of the removal and impoundment of the junk vehicle hulk as a public nuisance, and on the issue of liability for costs of abatement, by making a request, in person or in writing, within fifteen days from the mailing date of the notice set forth in subsection (B) above, to the city clerk of the Municipal Court of Yakima for -such hearing. If such a request is made in a timely manner, the city 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 hulk, unless the junk vehicle t 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 district court Municipal Court of Yakima. Said hearing shall be scheduled to be held not Tess than ten days nor more than thirty days following the receipt of the request for such hearing. D. Hearing by District Court 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 his reasons for such denial. If it is determined at the hearing that the junk vehicle hulk was placed on the land without the consent of the land owners, and that he has not subsequently intentionally acquiesced to its presence, then the district 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 1%4k, and after a hearing has been held, if requested, the junk vehicle hulk 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 hulk 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 Ord code veh impound JBW /jbw11 /15/2000 8 may make final disposition of the junk vehicle 1*iI4'c 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 hulk 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 #w-l-li kept on private property: 1. Where the funk vehicle is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 2. Where 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 -i 3. Where the vehicle is currently registered and displays a current and valid license plate and tabs; or 4. Where the junk vehicle is completely covered or screened from view from the public right of way or any other public property. H. "Vehicle hulk" as used in this section shall include any junk vehicle or parts of a motor vehicle." Ord code veb impound JBW /jbwl 1/15/2000 9 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 9' day of January , 2001. Mar lace, Mayor ATTEST: By T ,. 3 c. City Clerk Publication Date: 1 -12 -2001 Effective Date: 2 -11 -2001 Ord.code veh impound JBW /jbw11 /15/2000 10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11 • • For Meeting Of V ` � -01 ITEM TITLE: AN ORDINANCE relating to traffic; amending the definition of junk vehicle; transferring authority for junk vehicle impounding from the Chief of Police to the Code Administration Manager; and amending Sections 9.48.010 and 9.48.230, all of the. City of Yakima Municipal Code. SUBMITTED BY: Don Blesio, Chief of Police CONTACT PERSON /TELEPHONE: Don Blesio, Chief of Police 575 -6211 Doug Maples, Code Administration Manager 575 -6131 Jeff B. West, Senior Assistant City Attorney 575 -6033 SUMMARY EXPLANATION: The proposed ordinance would amend Sections 9.48.010 and 9.48.230 of the Yakima Municipal Code. These amendments would change definitions included in the Yakima Municipal Code to conform to definitions in the Revised Code of Washington and would create additional exceptions to the prohibition on junk vehicles. The amendments would also transfer primary authority for initiating junk vehicle impounds from the Police Department to Code Administration. • (Continued on page 2) Resolution Ordinance X Contract • Other(Specify) Funding Source: APPROVED FOR SUBMITTAL: • ity Manager er g STAFF RECOMMENDATION: Council Policy Issue; this ordinance reflects the review and recommendations of the Council Public Safety Committee. . BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -01 1 The changes in the proposed ordinance are needed for several reasons. The modification of definitions ensures that the Yakima Municipal Code is consistent with state law. The transfer of authority for initiating junk vehicle impounds from the Police to Code Administration would consolidate responsibility for nuisance abatement within one division. This would enable a more comprehensive approach when dealing with assorted nuisance abatement issues, conserving limited resources. Police resources currently devoted to junk vehicle impounds could then be available to address other departmental responsibilities. This has become increasingly vital in light of recent reductions in resources. These changes have limited budget impact. 2