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06/18/2019 10 Vehicle Impound; YMC 9.47.010; Proposed Text Amendments to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. 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 2 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 3 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. 4 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. 5 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. 1 6 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 2 7 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 3 8 (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: 4 9 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 Page 1 10 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 Page 2 11 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. Page 3 12 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