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HomeMy WebLinkAbout2023-042 Ordinance amending Yakima Municipal Code 6.27.060, setting time limit for an owner to retrieve impounded shopping carts, and adding a new section, YMC 6.27.075, for appeals ORDINANCE NO. 2023-042 AN ORDINANCE amending the City of Yakima Municipal Code Section 6.27.060 Retrieval and impoundment procedures; and adding Section 6.27.075 as a new section, titled Appeals. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 6.27.060, Retrieval and impoundment procedures, shall be amended to read as follows: 6.27.060 Retrieval and impoundment procedures. A. Impoundment with Notice. Enforcement personnel may impound an abandoned shopping cart which has affixed to it identification information as required by YMC 6.27.050 if the following conditions have been satisfied: 1. Location Outside of Premises. The shopping cart is located outside the premises or parking area of a retail establishment and is located on public property owned by or under the control of the city, or left on any right-of-way within the city, or on private property where the owner has consented to removal; and 2. Notice of the cart's discovery and location is given to the shopping cart's owner, retailer, or agent unless such notice has been voluntarily waived by the shopping cart's owner, retailer, or agent; and 3. Failure to Retrieve Cart. The shopping cart is not retrieved within twenty-four hours from the date notice is given. B. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied: 1. Hazardous Location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, city enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it. If the cart has identification information affixed, the owner will be notified and given ninety- six hours from the date notice is given to retrieve the cart before a collection fee is assessed; or 2. Lack of Identification. If a shopping cart is abandoned and located outside the premises or parking area of a retail establishment and does not have the required identification information affixed thereto as required by YMC 6.27.050, city enforcement personnel are authorized to immediately retrieve the shopping cart from public property owned by or under control of the city, any right-of-way within the city, or private property with the consent of the owner; or 3. Evidence of a Crime. Any lost or stolen shopping cart as defined by YMC 6.27.040 may be impounded as evidence in a criminal investigation under YMC 6.68.020 or any other criminal investigation. 1 Section 2. Chapter 6.27 of the Yakima Municipal Code is amended to add Section 6.27.075 Appeals as a new section, to read as follows: A. Filing of Appeal. Any owner or their authorized agent aggrieved by any adverse decision under this chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the city manager or their designee a written notice of appeal briefly stating the grounds for such appeal. No appeal shall be accepted for filing and processing unless accompanied by the appeal processing fee. The appeal fee shall be set forth in the City of Yakima Master Fee Schedule adopted via resolution by the city council. B. Notice of Hearing. If the appeal is timely filed, the city manager or their designee shall cause the matter to be set for hearing. The appellant shall be provided not less than ten (10) calendar days written notice of the date, time and place of the hearing. The hearing may be conducted by phone or in person at a time and location determined by the city manager or their designee. The city may present evidence supporting the decision. The appellant may present evidence as to why the decision was improper or should be reversed. Within ten calendar days following the hearing, the city manager or their designee shall issue a written decision affirming, modifying, or reversing the decision. The decision shall be final. 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, 2023. Janice D€ccio,May r ATTEST: , K rfk i SEAL :it, A 0 b/L - Rosalinda Ibarra, City Clerk NING�O Publication Date: November 10, 2023 Effective Date: December 10, 2023 2 1 .4. ! a, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15. For Meeting of: November 7, 2023 ITEM TITLE: Ordinance amending Yakima Municipal Code 6.27.060, setting time limit for an owner to retrieve impounded shopping carts, and adding a new section, YMC 6.27.075, for appeals SUBMITTED BY: Brian D.Aaron,Assistant City Attorney SUMMARY EXPLANATION: The current ordinance, Yakima Municipal Code 6.27.060(B)(1) provides that fees for an owner's non-retrieval of shopping carts impounded without notice will attach using a time calculation listed in Yakima Municipal Code subsection (A)(3). The current subsection (A)(3)fails to set a time limit for an owner to retrieve a cart that has been impounded without notice. The ordinance amendment provides an owner ninety-six hours from the date notice is given to retrieve the cart before a fee is assessed. This is a housekeeping issue to correct the ordinance. An additional amendment to the ordinance allows an appeal opportunity for anyone affected by an adverse decision in this ordinance. This affords due process to a person wishing to appeal. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description Upload Date Type D Ord-YMC 6.27.060 redline 10/25/2023 ❑ Ord-YMC 6.27.060 clean 11/2/2023 2 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Section 6.27.060 Retrieval and impoundment procedures; and adding Section 6.27.075 as a new section, titled Appeals. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 6.27.060, Retrieval and impoundment procedures, shall be amended to read as follows: 6.27.060 Retrieval and impoundment procedures. A. Impoundment with Notice. Enforcement personnel may impound an abandoned shopping cart which has affixed to it identification information as required by YMC 6.27.050 if the following conditions have been satisfied: 1. Location Outside of Premises. The shopping cart is located outside the premises or parking area of a retail establishment and is located on public property owned by or under the control of the city, or left on any right-of-way within the city, or on private property where the owner has consented to removal; and 2. Notice of the cart's discovery and location is given to the shopping cart's owner, retailer, or agent unless such notice has been voluntarily waived by the shopping cart's owner, retailer, or agent; and 3. Failure to Retrieve Cart. The shopping cart is not retrieved within twenty-four hours from the date notice is given. B. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied: 1. Hazardous Location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, city enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it. If the cart has identification information affixed, the owner will be notified and given ninety- six hours from the date notice is give to retrieve the cart before a collection fee is assessed using the time calculation listed in subsection (A)(3) of this section; or 2. Lack of Identification. If a shopping cart is abandoned and located outside the premises or parking area of a retail establishment and does not have the required identification information affixed thereto as required by YMC 6.27.050, city enforcement personnel are authorized to immediately retrieve the shopping cart from public property owned by or under control of the city, any right-of-way within the city, or private property with the consent of the owner; or 3. Evidence of a Crime. Any lost or stolen shopping cart as defined by YMC 6.27.040 may be impounded as evidence in a criminal investigation under YMC 6.68.020 or any other criminal investigation. (Ord. 2019-047 § 2, 2019: Ord. 2018- 030 § 1, 2018: Ord. 2009-31 § 1 (part), 2009). 1 3 Section 2. Chapter 6.27 of the Yakima Municipal Code is amended to add Section 6.27.075 Appeals as a new section, to read as follows: A. Filing of Appeal. Any owner or their authorized agent aggrieved by any adverse decision under this chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the city manager or their designee a written notice of appeal briefly stating the grounds for such appeal. No appeal shall be accepted for filing and processing unless accompanied by the appeal processing fee. The appeal fee shall be set forth in the City of Yakima Master Fee Schedule adopted via resolution by the city council. B. Notice of Hearing. If the appeal is timely filed, the city manager or their designee shall cause the matter to be set for hearing. The appellant shall be provided not less than ten (10) calendar days written notice of the date, time and place of the hearing. The hearing may be conducted by phone or in person at a time and location determined by the city manager or their designee. The city may present evidence supporting the decision. The appellant may present evidence as to why the decision was improper or should be reversed. Within ten calendar days following the hearing, the city manager or their designee shall issue a written decision affirming, modifying, or reversing the decision. The decision shall be final. 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, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 2 4 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Section 6.27.060 Retrieval and impoundment procedures; and adding Section 6.27.075 as a new section, titled Appeals. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 6.27.060, Retrieval and impoundment procedures, shall be amended to read as follows: 6.27.060 Retrieval and impoundment procedures. A. Impoundment with Notice. Enforcement personnel may impound an abandoned shopping cart which has affixed to it identification information as required by YMC 6.27.050 if the following conditions have been satisfied: 1. Location Outside of Premises. The shopping cart is located outside the premises or parking area of a retail establishment and is located on public property owned by or under the control of the city, or left on any right-of-way within the city, or on private property where the owner has consented to removal; and 2. Notice of the cart's discovery and location is given to the shopping cart's owner, retailer, or agent unless such notice has been voluntarily waived by the shopping cart's owner, retailer, or agent; and 3. Failure to Retrieve Cart. The shopping cart is not retrieved within twenty-four hours from the date notice is given. B. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied: 1. Hazardous Location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, city enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it. If the cart has identification information affixed, the owner will be notified and given ninety- six hours from the date notice is given to retrieve the cart before a collection fee is assessed; or 2. Lack of Identification. If a shopping cart is abandoned and located outside the premises or parking area of a retail establishment and does not have the required identification information affixed thereto as required by YMC 6.27.050, city enforcement personnel are authorized to immediately retrieve the shopping cart from public property owned by or under control of the city, any right-of-way within the city, or private property with the consent of the owner; or 3. Evidence of a Crime. Any lost or stolen shopping cart as defined by YMC 6.27.040 may be impounded as evidence in a criminal investigation under YMC 6.68.020 or any other criminal investigation. 1 5 Section 2. Chapter 6.27 of the Yakima Municipal Code is amended to add Section 6.27.075 Appeals as a new section, to read as follows: A. Filing of Appeal. Any owner or their authorized agent aggrieved by any adverse decision under this chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the city manager or their designee a written notice of appeal briefly stating the grounds for such appeal. No appeal shall be accepted for filing and processing unless accompanied by the appeal processing fee. The appeal fee shall be set forth in the City of Yakima Master Fee Schedule adopted via resolution by the city council. B. Notice of Hearing. If the appeal is timely filed, the city manager or their designee shall cause the matter to be set for hearing. The appellant shall be provided not less than ten (10) calendar days written notice of the date, time and place of the hearing. The hearing may be conducted by phone or in person at a time and location determined by the city manager or their designee. The city may present evidence supporting the decision. The appellant may present evidence as to why the decision was improper or should be reversed. Within ten calendar days following the hearing, the city manager or their designee shall issue a written decision affirming, modifying, or reversing the decision. The decision shall be final. 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, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk Publication Date: November 10, 2023 Effective Date: December 10, 2023 2