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HomeMy WebLinkAbout3796 Ordinance ORDINANCE NO. 379 AN ORDINANCE of the City of Pasco, Washington, Amending the Procedures and Application for Impound Hearing Amending Section 10.18.010, 10.18.020, 10.18.030, 10.18.031, 10.18.032, 10.18.040, and 10.18.045; Repealing 10.18.050; and Enacting a New Section 4.60.093 WHEREAS, the State legislature has, on several occasions since the enactment of this Ordinance, amended the statute authorizing impoundment for certain circumstances and in part, as a result of recent decisions of the Washington State Supreme Court and recent changes in the requirements of the Washington Administrative Code, changes are necessary to the City's ordinances to reflect these changes, to become consistent with the State law and to provide for the timely adjudication of such cases, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 10.18.010 AUTHORITY TO IMPOUND VEHICLES. A) Grant of authority. Members of the Pasee Police DepaAmei4 City law enforcement officers are hereby authorized and empowered to remove, tow and impound a vehicle from a uF blic street., er highway or right-ot=waX to a designated vehicle impound facility including the business location of a registered tow truck operator under the circumstances hereinafter enumerated: 1) Whenever a driver of a vehicle is arrested for a violation of RCW 46.61.502 (Driving Under the Influence); or- RC=W 46.61.503 (Driver- Under- Twenty One Consuming Aleehel; RCW 46.61.504 (Physical Control of a Vehicle Under the Influence); RCW 46.20.342 (Driving While License Invalidated); or RCW 46.20.345 (Operation Under Other License or Permit While License Suspended or Revoked) such vehicle is subject to summary impoundment pursuant to the terms of this Chapter at the direction of a law enforcement officer. plate, or- dee indioating the vehiele is being used �e Ifanspeft a disabled per-son undef RGW 6 ;381 is parked in a stall of spaee eleady and eanspieueusly mar-ked under- RGAI 46.61.591 as violatien of any ef the )f R-CW 46.61.560 (Slopping, Standing, of P dent er- when the driver e f a vehi el e involved in an Eteeident is physioally of ffientally a valid driver's lieense in vielatien of RGW 46.20.005 (Driving Without a hieense) Or- a lieense that has eypir-ed fer ninety (90) days er-more, 46 2n 247 (Driving,-Awhile of a Vehicle Under Other- hieense or- Peffnit Prohibited While Liceense giispefided lef Revoked). 2 In addition a law enforcement officer mqy take custody of a vehicle at his or her discretion after consideration of reasonable alternatives and provide for its prompt removal to a place of safety or designated vehicle impound facility under aqy of the following circumstances: a) Whenever a law enforcement officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.570 (Stopping, Standing, or Parking Prohibited in Specified Places), the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway; b Whenever a law enforcement officer finds a vehicle unattended upon a public street highway highwgy or right-of-way where the vehicle constitutes an obstruction to traffic or jeopardizes public safety C) Whenever a law enforcement officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property; d) Whenever the driver of a vehicle is arrested and taken into custody_ by a law enforcement officer, e Whenever a law enforcement officer discovers a vehicle that the officer determines to be a stolen vehicle• D_ Whenever a vehicle without a special license plate, plaque, or decal indicating that the vehicle is being used to transfer a person with disabilities under RCW 46.16.381 is parked in a stall ors ace clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on the public property 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 94 days or more-, h Whenever a vehicle is illegally occupying a restricted parking zone including, but not limited to truck or commercial loading zone bus or taxi loading zone, posted street construction or maintenance, or other similar_ zone, where, by order of the Director of Public Works, Chief of Police or Fire Chief, their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours on designated days or at all times, if the zone has been established with si na a restricting parking for at least twenty-four 24 hours giving notice to the public that a vehicle will be removed if illegally parked in the zone, and where the vehicle is interfering ith the proper and intended use of the zone. i) Whenever the driver of a vehicle is arrested for violation of RCW 46.66 1.503 (Driver Under Twenty-One Consuming Alcohol l. Nothing is this section may derogate from the powers of a law enforcement officer under the Revised Code of Washington, including but not limited to_RCW 46.55.080 RCW 46.55.085, RCW 46.55.113 or RCW 9A.88.140, or any other sections of the Pasco Municipal Code, or the common law. 3) When an arrest is made for a violation of RCW 46.20.342 DWLS if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before summary impoundment directed under subsection (1) of this section, the law enforcement officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120 1 a ii B) Notice to Owner of Liability for Costs and bees. When any vehicle is removed, towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and storage costs against the said vehicle, as well as any costs and fees assessed pursuant to this chapter, before said vehicle is released. Notice of impound required by RCW 46.55.110 shall be given by the tow truck operator. C) Tow Truck Operator. The City shall appoint by competitive bid, contract, rotational call agreement, or any combination of these methods, one or more properly licensed tow truck operators registered with the State of Washington to provide such services. The Police Department shall arrange for towing and storage of the impounded vehicle through a properly licensed tow truck operator registered with the State of Washington and contracted with the City of Pasco. It is required that the tow truck operators who contract with the City have a City business license. A copy of the Towing Contractors current towing and storage rates shall be on file with the Chief of Police and the Administrator of Pasco Municipal Court. An appointment may be rescinded by the City upon evidence that the appointed tow truck operator is not complying with the laws or rules relating to removal and storage of vehicles or this chapter. The rates for towing and storage shall be imposed in accordance with rate schedules on file with the Chief of Police and the Administrator for Pasco Municipal Court. D) Costs. Any costs incurred in the removal of an impounded vehicle shall be paid by the owner of the vehicle so removed, and the same shall be a lien upon such vehicle. (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.) Section 2. That Section 10.18.020 entitled "Period of Impoundment" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18,020 PERIOD OF IMPOUNDMENT. A) Impoundment for Driving While License Suspended/Revoked, D,,,.a,,,.,„+ to +h + of nGAI 46 cc 1 1 3 whenever- the a,.iyer- of. ,ehiele : este fee , ela4io»Ρ of vrxx� , Y Vi µ ♦Viaava� a+r waa v�aev+a ava avaaarav« va �+++ 46.20.342 (Driving While hieense Suspended er Revoked) or RCA1 46,20.420 (Oper-ation of Vehiele Under- Other Lieense or- Permit PFehibited While Lieense Suspended Or - -- f 46.20,342 and the Washington DepaAfHent of Lieensing r-eeerds show lha4 the 1 suspended third deg-Pee, the vehiele shall be impounded fer-thit4y (30) days, 46.20.342 and the Was—ligton MefA Of Li )rds show tha� the driver's status is suspended second degree-, the—,,ehiele shall be impounded for sixty (60) days. 46,20.342 and the Alashingten Department of Lieensing r-eeer-ds show that the dr-iver's status is suspended thifd degree, the vehiele shall be impe�tnded fer-nine�y (90) day-s-- 1) If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (Third Degree Suspended/Revoked) and has no convictions for violation of RCW 46.20.342 in the past five (5) years, the vehicle may be impounded but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner, then the vehicle shall be held until all outstanding penalties, fines and forfeitures owed by him or her are satisfied The driver and or registered owner must present proof in a Court of law that he or she has no outstanding penalties, fines, or forfeitures and the proof of financial responsibility as required by RCW 46.29 at redemption. 2) If the driver is arrested for a violation of RCW 46.20.342 1)(c) (Third Degree Suspended/Revoked) and has arm prior convictions for violations of RCW 46.20.342 in the past five (5) years the vehicle maybe held in impound for thirty (30) days. 3) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1) a or b First or Second Degree Suspended/Revoked), and has no convictions for violations of RCW 46.20.342 in the past five 5 ears the vehicle may be held in impound for thirty 30 da s. 4) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)(a) or b First or Second Degree Suspended/Revoked) and has been convicted of a violation of RCW 46.20.342 1 a or b in the 12ast five 5 ears the vehicle may be held in impound for sixty (60)days. 5) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 a) or (b) (First of Second Degree Suspended/Revoked) and has been convicted of a violation of RCW 46.20.342 (1)(a) orb two or more times in the past five 5 ears the vehicle may be held in impound for ninety (90) days. 9R) Impoundment for Other Violations. Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for a violation of any of the provisions e€identified in PMC 10.18.010 not listed in section (A) above, or a vehicle is towed and impounded pursuant to the provisions of PMC 10.18.010 not listed in section (A) above, the vehicle sha4 may be impounded until such time as the registered or legal owner of said vehicle, a party having interest in the vehicle, or a person authorized by the registered or legal owner, or one who has purchased the vehicle for value from the registered or legal owner, who produces ownership or authorization and signs a receipt therefore, appears in person to redeem said vehicle. For the ose of this Chapter, a person having an interest in the vehicle is a spouse, member of the immediate family or household, or other person relying�upon the use of the vehicle to meet �workin education medical needs or securing the necessities of life. C The release of all vehicles impounded under this section shall be subject to the provisions of Section 10.18.030 below. Commercially rented vehicles may be impounded, however, no suspended driver holds shall be Waged upon these vehicles. The rental company owning such vehicle shall be notified by hone of such impound. (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.) Section 3. That Section 10.18.030 entitled "Redemption of Impounded Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.030 REDEMPTION OF IMPOUNDED VEHICLES. Vehicles or other items of personal property registered or titled with the Washington State Department of Licensing_or other similar agency impounded at the direction of the City law enforcement or code enforcement officer shall be redeemed only under the following circumstances: A) An :ri,,,.-ended vehi Redemption may be wed permitted only by: 1) The register legal owner, registered owner, OF theif spouse of, member eftheir- immediate family, a party having interest in the vehicle,_ or_person authorized in writing by the legal owner of the vehicle. 2) , The vehicle's insurer. 3) , dip: A person who is determined and verified by the impound operator to have the permission of the registered owner of the vehicle or other item of title or registered personal property. 4) A rental ear- ageney redeeming a yy44i 1 fleet ,ehiele. One who has purchased the vehicle or item of registered or titled personal property from the registered owner who produces proof of ownership or written authorization and signs a receipt therefore, and provides proof of financial responsibility as required by RC W 46.29 may redeem an impounded vehicle or item of titled or registered_ personal property. In addition a vehicle impounded because the operator is in violation of RC W 46 20 342 (1)(c) shall not be released until a person eligible to redeem it under this subsection satisfies the requirements of RCW 46.55.120 e), including paying all towing, removal and storage fees, notwithstanding the fact_that the impound hold period was ordered by the City. If the Washington State Department of License's records show that the driver has been convicted of a violation of RCW 46.20.342 within the past five 5 years, the vehicle may be held for up to thirty (30) days at the written direction of the Pasco Police Department A vehicle impounded because the driver is arrested for a violation of RCW 46.20.342 may be released only ursuant to a written order from the City or from the Court having jurisdiction. The Cily may issue a written order for earl release of the impounded vehicles provided in Section 10.18.030. 5) storage. A rental car business may immediately redeem a rental vehicle it owns by a ent of the costs of removal, towing,, and storage where upon the vehicle will not be held where the suspended license impound. 6 A motor vehicle dealer or lender with a perfected securit y interest in the vehicle mqy redeem or lawfully repossess a vehicle immediately by a ment of the costs of removal, towing, and storage, where upon the vehicle will not be held for a suspended license impound as ermitted by RCW 46.55.120 (1)(d). A vehiele redeemed by a per-sen deseribed in sttbseetiens (4) and (5) shall not be held fa (B) A per-sen fedeeming a vehiele impetHided must, prior-to redefflpfien, establish that the per-son seeking to redeem the vehiele Fneets the renditions listed in (A) and (B) above; the appropfiate period of impoundment (30, 60 or- 90 days as sta4ed en the Paseo Poke Depaftmeat the per-sen seeking te redeem the vehiele Fneets the eefiditions listed ia (A) and (B) above and all of the asseeiated eests and fees for the tevAng and storage af e paid. 18.10.020 (A) and (B) shall pay the towing eoatraeter- for- eests to tewing and ster-age for the period of the impeundmen! and any administfative fee prior- to fedeming Such vehiele. Sueh towing centfaeter- shall aeeept payment as provided in RCW 46.55,120(i)(b), as now or-heirea a (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.) Section 4. That Section 10.18.031 entitled "Early Release of Impounded Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.031 EARLY RELEASE OF IMPOUND VEHICLES. Any pefsen seeking te redeem a vehiele impounded pursuant te this ehapter-may fequest a hearing before the Heafin Offic-ef designed by!be City Managef, A hearing may enly (1) To request early release dtie to pefsenal or-eeenefnie } (2) To eentest thevalidity of the 7 A Any person authorized to redeem a vehicle or item of registered or titled personal property under Section 10 18.030 seeking to redeem a vehicle impounded may request the early redemption of a vehicle subject to a suspension impound hold only u on the following basis: 1) Economic or personal hardship to a person having an interest in the vehicle, takin g into consideration public safety factors including the operator's criminal history and driving record-, or 2 The owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release of the vehicle under this subsection or RCW 46.55.113 (3) (commercial_vehicle lease). In order to avoid discrimatorKy application other than the reasons set forth above, the City shall, deny release of the vehicle in all other circumstances without discretion_ B) Any person identified in Section 10.18.030 seeking to redeem a vehicle impounded pursuant to this chapter may request a hearing before the City Hearing Examiner under 2.19 of this Code. The hearing may only be reques4ed: l) To request, or appeal the City's denial of an early release due to economic or personal hardship to a person having an interest in the vehicle _considering public safety, the operator's criminal history and driving record• or 2) To request an early release on the grounds that the owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release of this section or RCW 46.55.113 3 To contest the validity of the impound; or 4) To challenge or dispute the amount of the towing and storage charges. C) The hearing examiner shall consider the following, {al) Economic or Personal Hardship. The Hearing 9fc-er Examiner is authorized to release a vehicle impounded pursuant to PMC 10.18.020 (A) prior to the expiration of any period of impoundment upon petition of the-per driver's , a person having an interest in the vehicle, or the owner of the vehicle who was not the operator at the time of impoundment, based on economic or personal hardship to such person or entity resulting from the unavailability of the vehicle, and after consideration of any threat to the public safety that may result from the release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements of PMC 10.18.030 (A) (B) and (E). 2) Contesting the Validity of Impound. A person seeking to redeem a vehicle impoundment pursuant to this chapter may petition for a hearing before the Hearing Offer Examiner to contest the validity of the impoundment. The petitioner should be prepared to show at the hearing why the impoundment was not proper. 3) Challenging the Impoundment Costs and Storage Fees. A person who seeks to challenge the costs of towing and the storage fees may petition for a hearing before the Hearing O-f€eer Examiner to do so. The petitioner should be prepared to show at the hearing why the costs and fees charged are not proper and should not be imposed. (Ord. 3405 Sect. 1, 2000.) Section S. That Section 10.18.032 entitled "Request for Hearing" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.032 REQUEST FOR HEARING, Any request for a hearing shall be made in writing, on a form provided for that purpose. The request must be received by the Chief of Police within ten (10) days of the receipt of notice from the registered tow truck operator that effected the impoundment together with an administrative hearing fee pursuant to PMC 3.07. If the hearing request is not received by the Chief of Police within the ten (10) 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. Only upon a showing of good cause will a late request for a hearing be considered. For the purpose of this section good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter. Upon r-eeeipt of timely hearing-requester the 14ea f ng O fAee,. shall r ee to hear ,nom dei the iele',-er (B) The validity of the impetindment, towing and sier-age fe (Ord. 3405 Sec. 1, 2000.) Section 6. That Section 10.18.040 entitled "Impoundment Hearing Procedure" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.040 IMPOUNDMENT HEARING PROCEDURE. Hearings requested pursuant to PMC 10.18.030 shall be held before the Hearing 8fflee Examiner who shall determine: A) Whether an personal er economic or personal hardship exists justifying an early release of the vehicle; or B) Whether the non-driver owner had knowledge of the driver's license suspension; or BC) Whether the impoundment was proper; or GD) Whether the associated towing fees, storage costs and administrative hearin fees are in accordance with those rates on file with the Chief of Police and Court Administrator as provided in Section 10.18.010 in accordance with the following procedure: 1) The Hearing der, Examiner shall within five (5) days of the request for hearing, notify the registered tow truck operator, the person requesting the hearing (if not the owner), the registered or legal owner of the vehicle, and the person or agency authorizing the impound of hearing date and time. 2) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show ownership of the impounded vehicle and to show that the impoundment, towing or storage fees charged were not proper. The Hearing der Examiner shall consider a written report made under penalty of perjury by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing. If the person or persons requesting the hearing requires the presence of the officer who authorized the impoundment, they must subpoena the officer and may be responsible for witness fees relating to the officer's presence. Any person requiring the services of an interpreter shall arrange, at their cost, for the presence of a certified interpreter at the hearing. At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a Department of Licensing abstract of the vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is evidence of the identity of the registered owner of the vehicle. GE) At the conclusion of the hearing, the Hearing O€€reer Examiner shall determine whether the impoundment was proper; whether an economic or personal hardship exists justifying early release of the impounded vehicle; whether the towing and storage fees charged were in accordance with the posted rates filed with the Chief of Police and Court Administrator; and who is responsible for payment of the fees, The Hearing Officer Examiner may not adjust fees or charges that are in compliance with the posted or contracted rates that are on file with the Chief of Police and Court Administrator. EF) If the impoundment is found to be proper, the Hearing 8€fieer Examiner shall enter an order so stating. Additionally, the Hearing Offlee r Examiner shall order the impoundment, towing and storage fees as permitted under this chapter together with administrative fees to be assessed against the person or persons requesting the hearing. FG If the impoundment is found to be improper, the Hearing O€€ee Examiner shall enter an order so stating, order the immediate release of the vehicle, if still impounded, and order that the registered or legal owners of the vehicle shall not be required to pay impound, towing or storage fees, any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage or other impoundment fees permitted under this chapter. The Hearing O€€eer Examiner shall enter an order in favor of the registered tow truck operator against the person or agency authorizing the impound or the impoundment, towing and storage fees paid, together with an amount equal to the administrative hearing fees required by law for the impound hearing petition. However, if an impoundment arises from an alleged violation of RCW 46.20.342 DWLS or 46.20.40345 (Operation Under Other License While License Suspended or Revoked) and is determined to be in violation of this chapter, the Peliee law enforcement Gofficer directing the impoundment and the City employing the offiee shall not be liable for the ordered amount if the officer relied in good faith and without gross negligence on the records of the Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. GH) In the event the Hearing Oar Examiner finds that the impound was proper, but that the towing, storage or administrative hearing fees charged for the impoundment were in excess of the rates posted in Section 10.18.010, the Hearing 8€fieer Examiner shall determine the correct fees to be charged prior to the release of the vehicle, or if the costs of impoundment have been paid, shall enter an order against the towing contractor and in favor of the person who has paid the costs of impoundment for the amount of the overpayment. lil) No determination of facts made at a hearing under this section shall have any effect of collateral estoppel on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution. (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.) Section 7. That Section 10.18.045 entitled "Appeal" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.045 APPEAL. Any decision of the Hearing Office r Examiner may be appealed to the Pasco Municipal.Court for final judgment. The hearing on the appeal shall be de novo, subject to the admission of the officer's written report, abstract of driving record and vehicle registration as provided in PMC 10.18.040, which shall be permitted. A person appealing such a decision must file a request for an appeal with the Clerk of the Pasco Municipal Court within thirty (-30 ten 10 days after the Hearing O€€urer' Examiner's decision and must pay an appeal filing fee of thii4„ one dollars ($31.00) pursuant to PMC 3.07. If a person fails to timely file a request for appeal or pay the filing fee, the right to appeal is waived and the Hearing O€fieef's Examiner's decision is final. (Ord. 3405 Sec. 1, 2000.) Section 8. That Section 10.18.050 entitled "Administrative Fee" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 9. That a new Section 9.60.093 entitled "Impoundment of Vehicles" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: 9.60.093 IMPOUNDMENT OF VEHICLES. A) As an additional remedy for the abatement of any nuisances identified in this chapter including unauthorized, abandoned,junked vehicles or parts thereof, on public or private property, a law enforcement or code enforcement officer may order the impoundment thereof with the costs of removal to be assessed against the registered owner of the vehicle or against the owner of the property on which the vehicle is located upon the following conditions: 1) A written notice of authorization to impound the vehicle by the City shall be by registered and regular mail to the last registered owner of record of the vehicle and the property owner designated by the records of the Franklin County Auditor, declaring the abatement and removal as a public nuisance of the vehicle or part thereof notifying them that a hearing may be requested within five (5) days of the date of posting, and that if no hearing is requested, the vehicle or parts thereof will be removed. 2) If a timely request for hearing, including the payment of the administrative appeal hearing fee, is received by the City, and notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance before the Pasco Hearing Examiner shall be mailed, by certified mail, with a five (5) day return receipt requested, to the owner of the land as shown in the last equalized assessment roll and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. 3) This section shall not apply to: a) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or b) A vehicle or part thereof that 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 is fenced according to RCW 46.80.130. C) Summary abatement due to an immediate and emergent threat to the public health, safety or welfare, or to the environment as provided in PMC 11.02.070, 4) The owner of land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the landowner. B) The hearing before the Hearing Examiner shall be conducted pursuant to the procedures established in Section 10.18.040 of this Code. C) Upon determination by the Hearing Examiner that the vehicle or part thereof constitutes a nuisance, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and provide for the assessment of costs against the owner of the vehicle and/or the owner of the property upon which it is located. D) Any person aggrieved by the determination of the Hearing Examiner may be appealed to the Pasco Municipal Court for final judgment pursuant to PMC 10.18.045. Section 10. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided bylaw this _ �T`_day of &ffVC)uA�iK, 2006. &4;:f! Joyce s gray ATTEST: APPROVE TO FORM: Leland B. Kerr City Clerk City Attorney