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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 10.
For Meeting of: June 18, 2019
ITEM TITLE: Discussion of potential amendments to the Yakima Municipal Code,
including adding the definition of"inoperable" as the term relates to
junk vehicles
SUBMITTED BY: Brooke Goosman, Senior Assistant City Attorney
SUMMARY EXPLANATION:
Recently the HCNB Committee considered issues concerning the abandoned and junk vehicle
provisions of the Yakima Municipal Code. Committee discussion included input from City staff
and community members interested in potential revisions to the present ordinances. Following
those discussions the Committee's recommendation was to take no action to amend the present
ordinances. The same issues were raised during two City Council Business meetings and
following those discussions the Council requested that the issues addressed by the Committee
be presented to the full City Council for the Council's consideration. The attached documents
provide some background on the previous Committee discussions, as well as present a potential
revision to the City's Ordinance to provide a definition of the term "inoperable vehicle", which was
also part of the past Committee discussions.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL: ier
City Manager
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
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D 0E1219 Morn rr Vehicle:It-rerun-I Ordinancr 5:1?01119 Cover Metro
D Orninal -YI\IC 9 47 Junk VehkjE trikeThnnugh dil?Oriltt Ordinance
D DRAFT Minutes_NCNB 2019-05-09 6/712019 Backup Material
D HCNBC Junk Vehicles_10-14-19 Ei,1712019 Hack tip Material
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CITY OF YAICEVIA
LEGAL
DEPARTMENT
200 South Third Street,2nd Fl. I Yakima,WA 98901 P: 509.575.6030 I F: 509575.6160
MEMORANDUM
June 12, 2019
TO: Cliff Moore, City Manager; City Council
FROM: Brooke Goosman, Senior Assistant City Attorney
SUBJECT: Vehicle Impound Ordinance, Chapter 9.47 of the Yakima Municipal Code
Below is a proposed amendment to the "Definitions" section of the Vehicle Impound Ordinance
in Yakima Municipal Code 9.47.010. The City could amend our definition of Junk Vehicles to
have a more specific definition than what is contained in the YMC and the Revised Code of
Washington, Chapter 46.55, Towing and Impoundment.
Our current definition of Junk Vehicle:
"Junk vehicle" means a motor vehicle certified by the chief of police or his designee as meeting
at least three of the following requirements:
(1) Is three years or older;
(2) 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;
(3) Is apparently inoperable;
(4) Has a fair market value equal only to the value of the scrap in it.
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Addition of the definition of "inoperable." This definition could be helpful to Code Enforcement to
have a definition of"inoperable" which would allow for more vehicles to be regulated. Adding
this definition could allow Code Enforcement to compel property owners or residents to remove
any unlicensed vehicle, when the vehicle is unlicensed plus meets two or more of the
requirements listed in the "Junk Vehicle" definition.
The proposed definition:
"Inoperable vehicle" means a motor vehicle substantially meeting the following requirements:
1. Not having valid vehicle license and tabs; or
2. Damaged to such extent as to render it illegal for operation on any public highway,
including but not limited to any of the following: broken head or taillights, broken or
missing mirrors, cracked or missing window or windshield, deflated tires, missing seats
or steering wheel, or other general conditions that would render a vehicle incapable of
being driven on a public highway.
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ORDINANCE NO. 2019-
AN ORDINANCE relating to Vehicle Impounds; amending Yakima Municipal Code section
9.47.010, entitled "Definitions", and adding 9.47.010(F) "Inoperable
Vehicle" which provides a more specific description of what qualifies as a
"Junk Vehicle."
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 9.47.010 of the Yakima Municipal Code is hereby amended to read
as follows:
Chapter 9.47
VEHICLE IMPOUNDS
Sections:
9.47.010 Definitions.
9.47.020 Tow truck operators.
9.47.030 Junk vehicle.
9.47.040 Unauthorized vehicle.
9.47.050 Storage, return requirements—Authority to view impounded vehicle.
9.47.060 Criminal storage and retention of vehicle hulks on private property.
9.47.070 Abandoned vehicle.
9.47.080 General administrative, interpretive authority.
9.47.090 Construe!, severability—Nonwaiver—No rights created.
9.47.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
A. "Abandoned vehicle" means a vehicle that a registered tow truck operator has
impounded and held in the operator's possession for one hundred twenty consecutive hours.
B. "Abandoned vehicle report" means the document prescribed by the state that the towing
operator forwards to the Department after a vehicle has become abandoned.
C. "Department" means the Washington State Department of Licensing.
D. "Highway" means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular
travel.
E. "Impound" means to take and hold a vehicle in legal custody. There are two types of
impounds, public and private.
(1) "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.
(2) "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.
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F. "Inoperable vehicle" means a motor vehicle substantially meeting the following
requirements:
1) Not having valid vehicle license and tabs; or
2) Damaged to such extent as to render it illegal for operation on any public
highway, including but not limited to any of the following: broken head or
taillights, broken or missing mirrors, cracked or missing window or windshield,
deflated tires, missing seats or steering wheel, or other general conditions that
would render a vehicle incapable of being driven on a public highway.
€-G. "Junk vehicle" means a motor vehicle certified by the chief of police or his designee as
meeting at least three of the following requirements:
(1) Is three years or older;
(2) 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;
(3) Is apparently inoperable;
(4) Has a fair market value equal only to the value of the scrap in it.
G,H. "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.
NJ. "Residential property" means property that has no more than four living units located on
it.
4,J. "Tow truck" means a motor vehicle that is equipped for and used in the business of
towing vehicles with equipment as approved by the State Patrol.
ticK. "Unauthorized vehicle" means a vehicle, motor home as defined in RCW 46.04.305,
camper as defined in RCW 46.04.085 or trailer as defined in RCW 46.04.620 which is parked or
left standing for the indicated period of time. There are two types of unauthorized vehicles,
public and private.
(1) Public Locations.
a. A vehicle is an unauthorized vehicle immediately when:
(i) The vehicle is impeding the flow of traffic or entry or exit into any driveway, including
access to city of Yakima property; or
(ii) A vehicle poses an immediate danger to public safety including but not limited to
danger arising from a mechanical defect(s); or
(iii) A law enforcement officer has probable cause to believe that the vehicle is stolen;
or
(iv) A law enforcement officer has contact with a vehicle operator on public property or
highway for purposes of arrest, placement into custody, investigatory stop, accident
scene investigation, or voluntary contact by the operator, and the officer observes that
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the operator is physically or mentally incapable of deciding or refuses to decide upon
steps to be taken to protect the vehicle and its contents; or
(v) A vehicle is left unattended on a highway and it is impeding construction,
maintenance or repair of the highway, in violation of a temporary sign or barricade
prohibiting parking on or entry into the highway, or a portion thereof, when the sign or
barricade has been placed under the direction of the city of Yakima director of public
works, or his designee, to facilitate construction, repair or maintenance of the public
highway and when the sign or barricade notifies that vehicles parked or left unattended
in violation thereof are subject to impound by inclusion of the words "subject to
impound," "tow away zone," or words of similar import; or
(vi) A vehicle is left unattended in violation of YMC 9.50.060 and the vehicle is
impeding street cleaning; or
(vii) A vehicle is left unattended in a marked loading zone posted with a sign notifying
that vehicles parked in violation thereof are subject to impound by the inclusion on the
sign of the words "subject to impound," "tow away zone," or words of similar import; or
(viii) A vehicle must be removed from a fire zone established in YMC 9.50.240, as
determined by a commanding officer; or
(ix) A vehicle without a special license plate, card, or decal indicating that the vehicle is
being used to transport a disabled person under RCW 46.16.381 is parked in a stall or
space clearly and conspicuously marked under RCW 46.61.581 which space is provided
on private property without charge or on public property; or
(x) The driver of a vehicle is arrested for a violation of RCW 46.20.342, 46.20.345,
46.61.502 or 46.61.504; or
(xi) A law enforcement officer finds a vehicle standing upon the roadway in violation of
any of the provisions of RCW 46.61.560, the officer may provide for the removal of
vehicle or may require the driver or other person in charge of the vehicle to move the
vehicle to a position of safety off the roadway; or
(xii) A law enforcement officer finds a vehicle unattended upon a highway where the
vehicle jeopardizes public safety; or
(xiii) A law enforcement officer finds a vehicle unattended at the scene of an accident;
or
(xiv) The driver of a vehicle is arrested and taken into custody by a law enforcement
officer; or
(xv) Upon determining that a person is operating a motor vehicle without a valid
driver's license in violation of RCW 46.20.005 or with a license that has been expired for
ninety days or more; or
(xvi) A law enforcement officer finds an unauthorized vehicle parked in violation of
YMC 9.50.060(C) and/or YMC 9.50.050(55), provided the location is posted with a sign
notifying that vehicles parked during the dates and times specified therein are subject to
immediate impound by the inclusion on the sign of the words "subject to impound," "tow
away zone," or words of similar import; or
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(xvii) If in a publicly owned or controlled parking facility, properly posted under YMC
9.47.040(D); or
(xviii) Constituting an accident or a traffic hazard.
b. After twenty-four hours if on a highway not subject to subsection (1)(a) of this
section.
(2) Private Locations.
a. Immediately if on residential property.
b. After twenty-four hours if on private, nonresidential property.
I4-L. "Vehicle hulk" means the remnant or surplus of a motor vehicle which is inoperative and
cannot be mechanically operated without addition to vital parts of mechanism and the
application of a substantial amount of labor to effect repairs, or any wrecked, dismantled, or
inoperative vehicle or any part thereof. (Ord. 2006-32 § 2 (part), 2006).
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 18th day of June, 2019.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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Yakima City Council Committee Minutes
Healthy Communities & Neighborhood Building Committee (HCNB)
2' Floor Conference Room
May 9, 2019
Committee Members Staff Others
Councilmember Brad Hill (chair) oan Davenport John Haddix
Councilmember Jason White ara Watkins
Councilmember Kathy Coffey liff Moore
hief Matthew Murray
Rosalinda Ibarra
Ken Wilkinson
cott Schafer
oseph Calhoun
Brooke Goosman
oe Caruso
rchie Matthews
With a quorum present, the meeting was called to order at approximately 10:00 a.m.
Update on Naches Avenue — Chief Murray provided a brief overview about the activities
happening on and around Naches Avenue and how the City is addressing the issues. His
approach in working with the homeless population is to proceed in a reasonable and
compassionate manner. Councilmembers expressed concerns raised by their constituents who
expect to see substantive change. Moore stated that the City has an enforcement mechanism
through the anti-camping ordinance and no-trespassing ordinance. The Union Gospel Mission
has reduced their criteria for access to their services which has resulted in more people being
served. He added that the City is proposing a revenue source to address homeless
encampments, graffiti, and illegal dumping issues.
Election of Committee Chair — Coffey nominated Hill, seconded by White. Hill accepted
nomination. Motion carried unanimously.
Audience Participation — none noted
Update on Revisions to YMC 9.47 Vehicle Impounds Regarding Junk Vehicles — Goosman
recapped the proposed changes to address junk vehicles in the City.
• Currently, the definition of "junk vehicle" states that a junk vehicle has to meet at least three
of the following requirements: 1) is three years or older; 2) 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; 3) is apparently inoperable; 4) has a fair market
value equal only to the value of the scrap in it.
• Legal is proposing adopting the state RCW's by reference that mandate cities to regulate
junk vehicles and adding a definition of "inoperable" meaning a motor vehicle substantially
meeting the following requirements: 1) not having valid vehicle license and tabs; or 2)
damaged to such extent as to render it illegal for operation on any public highway, including
but not limited to any of the following: broken head or taillights, broken or missing mirrors,
cracked or missing window or windshield, deflated tires, missing seats or steering wheel, or
other general conditions that would render a vehicle incapable of being driven on a public
highway; and meets two or more of the requirements listed in the "junk vehicle" definition.
John Haddix submitted and read a statement in favor of adopting legislation regulating junk
vehicles stored outside on private property in residential neighborhoods. Additionally, he
requested that the City adopt the International Property Maintenance Code (IPMC). The IPMC
has been identified as an action item referred to City Council in the Affordable Housing report.
Caruso stated he does not support the proposed ordinance, in part, because it would create
unintended consequences for the public and because the data on junk vehicle-related complaints
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do not depict a city-wide problem. Following considerable discussion, the committee agreed not
to move this matter forward to the full City Council. This item will be removed from future
agendas.
Reports from Departments/Commissions
Transit Citizen Advisory Committee (TCA) — the minutes of May 8'h will be posted online
soon. Free transit bus rides to City pools will be offered again during the summer.
Parks & Recreation Commission (P&R) — Wilkinson reported about the ribbon-cutting
ceremony for Randall Park improvements on May 7'h. He also informed that designs for the MLK
Park proposed pool will be shared at the Parks Commission meeting in June.
Henry Beauchamp Community Center (HBCC) — the 2019 1 V' Quarter Report was included in
the packet. Watkins reported there will be two openings on the committee to start July 1 V'
Historic Preservation Commission (HPC) — Calhoun reported that the HPC will review
certificates of appropriateness for two separate properties located in the Barge-Chestnut Historic
District. Staff submitted a CLG grant through DAHP for a proposed inventory of Naches Avenue
from Race Street to about G Street. White requested an item be added to the next HPC agenda
to discuss the possibility of a preservation district. Two vacancies remain o.n the commission.
Yakima Planning Commission (YPC) — the commission continues its review of affordable
housing regulations, text amendments, and proposed edits to the Wireless Communication
chapter. Six applications were docketed for amendments to the Comprehensive Plan.
Bike & Pedestrian Committee (BPC) — the BPC discussed the processing and timeline of the
Cowiche Canyon Trail. The Pedestrian Plan proposal and recommendation will be presented to
Council soon. There is one vacancy.
Tree City Board (TCB) — the TCB conducted a remote ''meeting along Naches Avenue to
identify potential locations for planting new trees. The final tree inventoryreport is in progress.
Community Integration Committee (CIC) — next meeting on May 13'h. Continuing discussion
on Census information.
Yakima Police Athletic League Board(YPAL) — the public services contracts will be presented
for Council approval on June 4'h along with presentations by each agency. It was noted that Joe
Willis is no longer with YPAL.
Information about Yard Waste Composting and Leaf Collection — Schafer provided information
about yard waste composting and leaf collection. Although the City does not provide the "leaf
bag program" anymore due to budget constraints, it does offer an optional weekly curbside yard
waste collection service to residential customers from March 1 V' through November 30'h. The
Yakima County landfill accepts clean yard debris and uses it as daily cover or road beds at the
landfill. It also offers chipped up wood free to the public. Contaminated yard debris is treated the
same as garbage. No further committee discussion.
Update on Clean City Program Watkins summarized the Clean City Program to date:
• Branding -a new logo was created for this program
• Emphasis on the Yak Back application to report blight issues
• Media coverage and press releases in English & Spanish for neighborhood cleanup events
• Community engagement — outreach & education on take-back programs and recycling
opportunities
• Data collection — staff has been documenting type of items collected and related disposal
costs to analyze and evaluate an approximate budget for the program
• Volunteers and donations — local church groups donate time and landfill doesn't charge the
tipping fees
• Approximate costs — neighborhood clean-up event cost City approx. $15,000 and a small
scale illegal dump can cost between $100 to $250 depending on type of refuse collected
Moore described a potential revenue source to cover the costs of the Clean City Program. Staff
would recommend an increase to the utility tax for the commercial refuse provider to 20% to
generate revenue to address graffiti removal, illegal dumps, homeless encampments clean-ups,
and staff resources. It is currently at 16% and the RCW allows a max of 20%. Caruso explained
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that costs incurred for securing dangerous and vacant buildings are recouped through placing a
lien on that specific property. An in-depth presentation about the Clean City Program and
revenue idea will be presented to full City Council at an upcoming study session.
The committee briefly talked about problems on Naches Avenue Parkway and how to address
junk and debris issues, specifically the 100 block of S Naches Avenue. Wilkinson will report
back on approximate costs to provide temporary fencing, planting and roto-tilling, and water
costs for that particular area. This topic will remain as a standing item on the agenda.
Homeless Program Operations — Hill reported that Yakima County formally decided not to
continue their contract with Yakima Valley Conference of Governments. Updates on this item
will be provided as needed.
Affordable/Senior/Low Income Housing — there was no further update on the affordable action
items referred to City Council. Matthews reported on the status of the 2019 Annual Action Plan.
HUD announced the City of Yakima entitlement amounts for 2019: $1,032,307 for CDBG and
$482,161 for HOME. Actual funds are received in September. The draft Annual Action Plan will
be presented for City Council approval on June 4'h. The deadline to submit it to HUD is July 31s'
Matthews mentioned the following affordable housing projects that the City has committed to or
invested in: Bicycle Apartments ($1 million); Vaughn Bay Construction/Stonewood Apartments
Phase 1 ($50,000) and future Stonewood Apartments Phase 2 ($50,000), Yakima Housing
Authority for Veteran Housing ($1 million); and another apartment complex being proposed by
Catholic Charities.
Community and Neighborhood Facilities — Schafer reported that the ad hoc committee will be
interviewing the consultants chosen for Franklin Pool and Lions Pool. On May 28'h, the RFQ's for
the YPAL and HBCC community centers will be reviewed prior to being released.
Approval of Minutes — Coffey motioned, seconded by White, to approve the 3/14/2019
minutes and 4/11/2019 meeting notes. Motion carried unanimously.
Future Items—White requested an item on the next HCNB agenda to discuss cat problems in the
community and what enforcement action Animal Control can take to address this issue.
Recap of Deliverables —
• Naches Avenue updates
• Remove yard waste composting from the agenda
• Clean City Program to City Council study session
• Add to next NCNB agenda: Discussion on cat problems in the community
Hill announced interpreter services are available with 48 hour advance notice.
Adjourn — Hill motioned, seconded by Coffey, to adjourn. Motion carried unanimously. This
meeting adjourned at approximately 11:25 a.m.
Approved by:
Date Approved:
Prepared by: Rosalinda Ibarra, Community Development Administrative Assistant.This meeting was recorded by Y-PAC.
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March 14, 2019
TO: Healthy Communities and Neighborhood Building Committee
FROM: Joan Davenport,Community Development Director
Joe Caruso, Code Administration Manager
SUBJECT: Junk Vehicle Complaints
As requested by the HCNBC,a survey of 2013 through 2018 has been assessed for all junk vehicle-related
complaints that were reported to the Office of Code Administration and also identified in emphasis
sweeps. There were 562 complaints on junk vehicles in this five year span averaging 112 junk vehicle
complaints annually.
The outcome categories identified were as follows:
• Abated 252
• No Violation 196
• Parking Enforcement 52
• Towed 5
• Duplicate 28
• Site Screened 12
• Licensed 8
• Open 9
562 total complaints
Code Compliance Officers aggressively handle junk vehicle and nuisance violation complaints utilizing
Chapters 11.10 Neighborhood Conservation and 9.47 Vehicle Impounds along with other enforcing
codes.
• Abated...These violations existed at the initial site inspection and the vehicle owner either
removed the vehicle,corrected the violation,site screened or put the vehicle in a garage to abate
the complaint
• No Violation... Upon a site inspection, the vehicle reported did not meet the criteria of a junk
vehicle
• Parking Enforcement These reported vehicles are in the public right-of-way and passed on to
the Parking Enforcement Division
• Towed...These vehicles were towed through Chapter 9.47 Vehicle Impounds due to meeting the
Junk Vehicle criteria
• Duplicate...These complaints were already existing in the complaint system.
• Site Screened...These declared junk vehicles were either placed behind a six foot fence or garaged
• Licensed...These vehicles were licensed and utilized back on the road
• Open...These are open violations that are currently being addressed by Code compliance Officers