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HomeMy WebLinkAbout1596 OrdinanceORDINANCE NO. 1 5 9 6 AN ORDINANCE RELATING TO PUBLIC SAFETY AND MORALS; DECLARING ABANDONED VEHICLES AND ABANDONED VEHICLE HULKS TO CONSTITUTE PUS LIC NUISANCES AND PROVIDING FOR THE ABATE - MENT THEREOF; DECLARING THE ABANDONMENT OF A VEHICLE OR VEHICLE HULK, OR THE KEEPING OF AN ABANDONED VEHICLE OR VEHICLE HULK ON PRIVATE PFOPERTY UNDER CERTAIN CIRCUMSTANCES, TO CONSTITUTE A MISDEMEANOR AND PROVIDING A PENALTY FOR VIOLATIONS; SPECIFYING CIRCUM - STANCES UNDER WHICH VEHICLES AND VEHICLE HULKS ARE AUTHORIZED TO BE IMPOUNDED; PRO - VIDING FOR THE DISPOSITION OF IMPOUNDED VE - HICLES AND VEHICLE HULKS, AND DECLARING AN EMERGENCY. WHEREAS, the Legislature of the State of Washington has enacted legisla- tion permitting cities to declare public nuisances and provide for their abatement by the impounding of abandoned vehicles and vehicle hulks; and in the exercise of its police powers, the City of Pasco deems that the enactment of this ordinance is necessary for the protection and preservation of the health, safety, aestheticism and welfare of its citizens, and this ordinance shall be liberally construed to ac- complish its purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks. Section 2. "Abandoned Vehicle on Private Property" means any vehicle which re- mains for a period of twenty-four hours or longer on private property, in the city, owned or occupied by a person other than the vehicle owner without the express or implied consent of the owner or occupant of the private property. Section 3. "Abandoned Vehicle on Public Property", except as otherwise provided in this section, means any vehicle which remains in substantially the same location for a period of fourteen continuous days or longer or any street, alley or other pub- lic way in the City and after a period of ten additional days or longer from the date the written notice is mailed by the Pasco Police Department, by certified mail with a return receipt requested, to the last known registered or legal owner of any such vehicle registered in the State of Washington. A vehicle parked on a street, alley or other public way directly fronting on the residence of the last known registered or legal owner of any such vehicle shall not be considered abandoned until it has remained in substantially the same location for a period of 45 days or longer, ex- cept that if the owner or person in charge changes his or her place of residence the vehicle shall be considered abandoned after it has remained in substantially the same location fourteen days or longer following date of change of residency. Ordinance No. 1596 -2- Date: 7-3-73 Section 4. "Vehicle Hulk" means the remnant or remains of a vehicle which is in- operative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs, or any wrecked or dismantled vehicle or part thereof. Section 5. It shall be unlawful for any person to place or leave any vehicle or ve- hicle hulk on private property, in the City of Pasco, owned or occupied by a person other than -the vehicle owner without the express or implied consent of the owner or occupant of the private property. Section 6. It shall be unlawful for any person to place and leave a vehicle on a street, alley or other public way in the City of Pasco in such a manner and for such a time so that the vehicle constitutes an "abandoned vehicle on public property" as defined by Section 3 of this ordinance. Section 7. It shall be unlawful for any person to place or leave a vehicle hulk on a street, alley or other public way in the city. Section 8_ It shall be unlawful for any person, as owner or occupant of private pro- perty in the city to place or keep any vehicle hulk upon such private property, unless: (a) The vehicle hulk is completely enclosed within a building, or the property is otherwise screened or fenced so that the vehicle hulk is not visible from other private or public pro- perty, or (b) The vehicle hulk is stored or parked on private property in connection with the business of a licensed dismantler or dealer and such property is fenced according to the provi - sions of RCW 46.80.130. Section 9. Any vehicle or vehicle hulk under the following circumstances is hereby declared to constitute a public nuisance, and the Chief of the Pasco Police Depart- ment is hereby authorized to impound or cause to be impounded any vehicle or ve - hicle hulk under the following circumstances: (a) When any vehicle is disabled or left unattended on any public highway, or on any bridge, viaduct or causeway, or in any tunnel, in such a manner so as to constitute an ob - struction to traffic in the judgment of any police officer. (b) When the person or persons in charge of any vehicle are ap- parently incapacitated to such an extent so as to be unable to provide for the custody or removal of such vehicle in the judgment of any police officer. (c) When any vehicle is parked or left unattended on any public highway on which parking is prohibited or prohibited during certain hours or when signs are posted prohibiting such park- ing and notifying that vehicles illegally parked are subject to being impounded, which notification shall be given by includ- ing the words "Subject to Impound", "Tow Away Zone" or words of similar import on such signs. (d) When any vehicle is parked or left unattended on any public highway in violation of any temporary sign or barricade pro - hibiting parking on or entry into such public highway, or any portion thereof, when such sign or barricade has been placed under the direction of the Director of Public Works or his designee to facilitate construction, repair or maintenance of such public Ordinance No. 1596 -3- Date: 7-3-73 :highway or any utility within such public highway and when any such sign or barricade notifies that vehicles parked or :Left unattended in violation thereof are subject to being im- pounded by the inclusion of the words, "Subject to Impound", "Tow Away Zone", or words of similar import. (e) When any vehicle is an abandoned vehicle on public property as defined by Section 3 of this ordinance. (f) When any vehicle hulk is found on any public street, alley or other public way in the city. Section 10,. Vehicles and vehicle hulks impounded under this ordinance shall be re- moved to a place of storage designated or maintained by the Police Department or to such other place of safety as the Chief of Police may direct. In the event private towage and. storage services are used, the Police Department shall provide the pri- vate firm with a written order to tow and store the vehicle or vehicle hulk. Section 11 . When a vehicle or vehicle hulk is impounded, the Chief of Police shall report the same to the Chief of the Washington State Patrol and the Sheriff of Franklin County and. shall give notice to the registered and legal owner thereof, if the name and address of the owner can be ascertained. Section 12. Any vehicle or vehicle hulk impounded pursuant to this ordinance and left unclaimed for a period of fifteen (15) days shall be deemed to be abandoned and at the expiration of such period said vehicle or vehicle hulk shall be deemed to be in the custody of the Sheriff of Franklin County, and said Sheriff or his designee shall deliver the vehicle or vehicle hulk to a tow truck operator who shall dispose of such vehicle or vehicle hulk in the manner provided in RCW 46.52. 111 and 46.52. 112. Section 13. The abandonment of any vehicle or vehicle hulk shall constitute a prima facie presumption that the last owner of record is:. responsible for abandonment and thus liable for any costs incurred in the removing, storing and disposing of such ve- hicle or vehicle hulk. A registered owner who has complied with the requirements of RCW 46.52 .104 shall be relieved of liability under this section. Section 14. All costs incurred by the City of Pasco in the removal and storage of an impounded vehicle or vehicle hulk shall be a lien upon the vehicle or vehicle hulk. The owner, or agent of the owner, of an impounded vehicle or vehicle hulk may re- deem the same prior to its sale or other disposal by payment of all such costs, which shall include towing and storage fees , by furnishing evidence of his identity and ownership, or agency for the owner, satisfactory to the Chief of Police and the opera- tor of the impounding facility, and upon signing a written receipt for the redeemed vehicle or vehicle hulk. Section 15. The Chief of Police may appoint any tow truck operator engaged in re- moving and storing motor vehicles as agent of the Chief of Police for the purpose of disposing of abandoned vehicles and vehicle hulks. Each such appointment shall be contingent upon the submission of an application to the Chief of Police and the making .of subsequent reports in such form and frequency as may be required by rule and regu- lation adopted by the Chief of Police, and upon the posting with the Pasco City Clerk of a surety bond in the amount of $3 , 000, subject to approval as to form by the City Attorney, to insure compliance with the provisions and requirements of this ordinance and conditioned to compensate the owner of any vehicle or vehicle hulk which may be unlawfully sold or damaged as the result of any negligence or misconduct of the tow truck operator. Any such appointment may be cancelled by the Chief of Police upon his determination that the appointed tow truck operator is not complying with all laws, rules and regulations relative to the handling and disposition of abandoned vehicles and vehicle hulks. Ordinance No. 1596 -4- Date: 7-3-73 Section 16. When a tow truck operator is called to impound an abandoned vehicle, but not including a vehicle hulk, and prior to removal of the vehicle a joint -inspec- tion report in triplicate will be made of its physical condition and will be signed by a police officer and the tow truck operator on a form provided for that purpose . The form shall generally show condition of the body, specifically visible damage and/or missing parts, and an inventory of visible personal property. The original of this report will be retained by the Police Department, a copy given to the tow truck opera- tor and a copy mailed to the last known registered or legal owner of the vehicle . This report shall be used as a basis for determining any alleged damages as a result of any negligence or misconduct of the tow truck operator as described in Section 15 of this ordinance. The tow truck operator shall not remove parts from impounded ve- hicles or vehicle hulks prior to redemption or other final disposition as provided in this ordinance . Section 17. Such tow truck operator shall take custody of such impounded vehicle or vehicle hulk, remove the same to the established place of business of the tow truck operator where the same shall be stored and such tow truck operator shall have a lien upon such vehicle or vehicle hulk for services provided in the towing and stor- age of the same, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same, not to exceed the sum of $100.00. A registered owner who has complied with RCW 46.52 .104 in the transfer of ownership of the vehicle or vehicle hulk shall be re- lieved of liability under this section. Within five (5) days after receiving custody of such impounded vehicle or vehicle hulk, the tow truck operator shall give notice of his custody to the Department of Motor Vehicles and the Chief of the Washington State Patrol and within five (5) days after receiving the name and address of the owner he shall notify the registered and legal owner of the same, with copies of such notice being sent to the Chief of the Washington State Patrol and to the Department of Motor Vehicles. The notice to the registered and legal owner shall be sent by the tow truck operator to the last known address of said owner appearing on the records of the De- partment of Motor Vehicles, and such notice shall be sent to the registered and legal owner by certified or registered mail with a 5 -day return receipt requested. Such notice shall contain a description of the vehicle or vehicle hulk, including its li- cense number and/or motor number if obtainable, and shall state the amount due the tow truck operator for services in towing and storage of the same and the time and place of public sale if the amount remains unpaid. Section 18. If, after the expiration of fifteen (15) days from the date of mailing of notice to the registered and legal owner, the vehicle or vehicle hulk remains un- claimed and has not been listed as a stolen or recovered vehicle, then the tow truck operator having custody of such vehicle or vehicle hulk shall conduct a sale of the same at public auction after having first published a notice of the date, place and time of such auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days before the date of such auction. Such vehicle or vehicle hulk shall be sold at such auction to the highest bidder. The pro- ceeds of such sale, after deducting the towing and storage charges due the tow truck operator, including the costs of sale, which shall be computed as in a public auction of personal property by the Sheriff, shall be certified one-half to the County Treasurer of Franklin. County to be credited to the County Current Expense Fund, and one-half to the State Treasurer to be credited to the Highway Safety Fund. If the amount bid at the auction is insufficient to compensate the tow truck operator for his towing and storage charges and the costs of sale, such tow truck operator shall be entitled to assert a claim for any deficiency, not to exceed the sum of $100.00, against whomever may under this ordinance be liable therefor. A registered owner who has complied with RCW 46.52 .104 shall be relieved of liability under this section. Ordinance No. 1596 -5- Date: 7-3-73 Section 19. Any vehicle abandoned on private property, as defined in Section 2 of this ordinance, and the storage or retention of a vehicle hulk on private pro- perty, is hereby declared to constitute a public nuisance subject to abatement by removal and impoundment as hereinafter provided, and costs of such removal and impoundment may be assessed against the last registered owner of the abandoned vehicle or vehicle hulk if the identity of such owner can be determined, unless such owner in the transfer of ownership of such abandoned vehicle or vehicle hulk has complied with the provisions of RCW 56.52.104, or such costs may be assessed against the owner of the property on which such abandoned vehicle or vehicle hulk is stored, and, if so assessed, shall constitute a lien thereon. Section 20. Before the removal and impoundment of any such abandoned vehicle or vehicle hulk, the Chief of the Pasco Police Department shall cause written notice to be given to the last registered owner of record of such abandoned vehicle or ve- hicle hulk -and to the property owner of record upon whose property the abandoned vehicle or vehicle hulk is located that a public hearing may be requested before the Pasco City Council, and that if no hearing is requested the abandoned vehicle or ve- hicle hulk will be removed and impounded and costs assessed in accordance with this ordinance . Section 21. A person to whom such notice is given may obtain a hearing before the Pasco City Council on the issue of the removal and impoundment of such aban- doned vehicle or vehicle hulk as a public nuisance, and on the issue of liability for costs of abatement, by making a request, in person or in writing, to the Pasco City Clerk for such hearing. If such a request is made, the Pasco City Clerk shall mail by certified or registered mail with a 5 -day return receipt requested, to the owner of the real property as shown on the last equalized assessment roll and to the last re- gistered and legal owner of record of such abandoned vehicle or vehicle hulk, unless the vehicle or hulk is in such condition that identification numbers are not available to determine ownership, a notice giving the time, location and date of the hearing by the Pasco City Council. Said hearing shall be scheduled to be held not less than ten days nor more than thirty days following the receipt of the request for such hear- ing. Section 22. The applicant for hearing may appear in person at such hearing, or pre- sent a written statement in time for consideration at the hearing, and deny responsi- bility for the presence of the abandoned vehicle or vehicle hulk on the land with his reasons for such denial. If it is determined at the hearing that the abandoned ve- hicle or vehicle hulk was placed on the land without the consent of the land owner, and that he: has not subsequently intentionally acquiesced to its presence, then the City Council shall not assess costs of abatement against the real property upon which the vehicle: is located or otherwise attempt to collect such costs from said land owner. Section 23. After notice has been given of the intent of the City of Pasco to remove and impound the abandoned vehicle or vehicle hulk, and after a hearing has been held if requested, and if the City Council determines a nuisance to exist, the abandoned vehicle or vehicle hulk shall be removed and impounded at the direction of the Chief of Pasco Police Department, and shall be disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State Department of Motor Vehicles that the vehicle or vehicle hulk has been wrecked. The City of Pasco may operate such a disposal site when the Chief of Police deter- mines that commercial channels of disposition are not available or are inadequate and it may make final disposition of such vehicles or vehicle parts to another govern- mental body, provided such disposal shall be only a scrap. Ordinance No. 1596 -6- Date: 7-3-73 Section 24., Within 30 days after the removal and impoundment of an abandoned vehicle on private property or a vehicle hulk from private property, the City may file for record with the Franklin County Auditor a claim for lien for the cost of re- moval which shall be in substance in accordance with the provisions covering me- chanic's liens in Chapter 60.04 of the Revised Code of Washington and said lien shall be foreclosed in the same manner as provided by law for foreclosure of me- chanic's liens. Section 25.. This section shall not apply to abandoned vehicles or vehicle hulks kept on private property (1) where the abandoned vehicle or vehicle hulk is com- pletely enclosed within a building, or the property is otherwise screened or fenced so that the abandoned vehicle or vehicle hulk is not visible from other private or public property, or (2) where the abandoned vehicle or vehicle hulk is stored or parked on private property in connection with the business of a licensed dismantler or dealer and such property is fenced according to the provisions of RCW 46.80.130. Section 26. Any owner or person having possession or control of real property within the City of Pasco sho finds a vehicle standing upon such property without his consent is authorized to have such vehicle removed from such property and stored or held for its owner. Any towing firm providing such removal service shall promptly report the fact of a vehicle impound together with the license number, make, year, and motor or vehicle identification number if obtainable, and place of impound- ment of such vehicle, to the appropriate law enforcement agency, and shall post the authorized charges therefor prominently at its place of business; and the charges and costs incurred in the removal of any such vehicle as aforementioned shall be paid by such vehicle's owner, and shall be a lien upon said vehicle until paid, and said lien may be enforced as otherwise provided by law for the enforcement of tow- ing or storage liens or liens generally. Section 27. Any person conviced of violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed $500.00, or by imprisonment in the city jail not to exceed six months, or by both fine and imprisonment. Section 28. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED this 3rd day of --_1 1973. Atte st: Harry D 'IKinzer,' City Approved as to form: M. R. Denney, Councilman -Acting Mayor Pro -Tem lerk Bill Wilkins, Councilman D. Wayne Campbeli', City Attorney July