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HomeMy WebLinkAbout2623 Ordinance, f -, 2623 Ordinance No. AN ORDINANCE Relating to abandoned, unauthorized, and junk vehicles; repealing and re-enacting Ch. 9.62 PMC. WHEREAS, Ch. 377, Laws 1985 State of Washington, established new procedures relating to abandoned, unauthorized and junk vehicles; and WHEREAS, The City Council upon staff recommendation and deliberation has determined that the PMC should be amended to incorporate the new statutory provisions to facilitate the removal and disposition of abandoned and junk vehicles; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: Existing Ch. 9.62 PMC is hereby repealed and re-enacted to read as follows: CHAPTER 9.62 ABANDONED VEHICLES AND VEHICLE HULKS Sections: 9.62.010 Definitions. 9.62.020 Impounding Unauthorized Vehicles. 9.62.030 Redemption Rights and Hearing Procedures. 9.62.040 Junk Vehicle Disposition. 9.62.050 Public Nuisances. 9.62.010 DEFINITIONS. The definitions set forth in this section apply throughout the chapter: (1) tow truck ninety-six (2) prescribed department "Abandoned vehicle" means a vehicle that a registered operator has impounded and held in his possession for consecutive hours. "Abandoned vehicle report" means the document by the state that the towing operator forwards to the after a vehicle has become abandoned. -1- (3) "Commission" means the state commission on equipment established under RCW 46.37.005. (4) "Department" means the Washington State Department of Licensing. (5) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds--public and private. (a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or other public official having jurisdiction over the pubic property upon which the vehicle was located. (b) "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. (6) "Junk vehicle" means a motor vehicle certified under section .040 of this chapter as meeting all the following requirements: (a) Is three years old or older; (b) 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; (c) Is apparently inoperable; (d) Is without a valid, current registration plate; (e) Has a fair market value equal only to the value of the scrap in it. (7) "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. (8) "Residential property" means property that has no more than four living units located on it. -2- (9) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the commission. (10) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington. (11) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it. (12) "Tow truck service" means the transporting upon the public streets and highways of this state of unauthorized vehicles, together with personal effects and cargo, by a tow truck of a registered operator. (13) "Unauthorized vehicle" means a vehicle (regardless of physical condition) that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: Subject to removal after: (a) Public locations: (i) Constituting a traffic hazard as defined in RCW 46.61.565 Immediately (ii) On a highway and tagged as described in RCW 46.52.170 24 hours (iii) In a publicly owned or controlled parking facility, properly posted under section .020 of this chapter Immediately (b) Private locations: (i) On residential property Immediately (ii) On private, nonresidential property, properly posted under section .020 of this chapter Immediately -3- (iii) On private, nonresidential property, not posted 24 hours 9.62.020 IMPOUNDING UNAUTHORIZED VEHICLES. A. Requirements. (1) No person may impound, tow, or otherwise disturb any motor vehicle standing on nonresidential private property or in a public parking facility for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates: (a) The times a vehicle may be impounded as an unauthorized vehicle; and (b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed. (2) The requirements of subsection (1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization. (3) All signs required by subsection (1) of this section shall conform to Rules relating to the size of the sign, its lettering, placement, and the number required, adopted by the department. (4) This section applies to all new signs erected after July 1, 1986. All other signs must meet these requirements by July 1, 1989. B. Impoundment. If a vehicle is in violation of the time restrictions of section .010(13) of this chapter, it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or his agent if it is on private property. The person requesting a private impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator -4- may proceed with the impound. C.Storage. (1) All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the application filed with the department. (2) All vehicles shall be handled and returned in substantially the same condition as they existed before being towed. (3) All personal belongings and contents in the vehicle shall be kept intact, and shall be returned to the vehicle's owner or agent during normal business hours upon request and presentation of a driver's license or other sufficient identification. Personal belongings shall not be sold at auction to fulfill a lien against the vehicle. (4) All personal belongings not claimed before the auction shall be turned over to the Pasco Police Department. Such personal belongings shall be disposed of pursuant to chapter 63.29 RCW. (5) All employees who serve as tow truck drivers shall have a Washington state driver's license endorsed for vehicle combinations under RCW 46.20.440. (6) Any person who shows proof of ownership or written authorization from the impounded vehicle's registered or legal owner may view the vehicle without charge during normal business hours. D. Notification-Impoundment From Private Property. (1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to the Pasco Police Department who shall maintain a log of such reports, unless the impoundment was requested by the Pasco Police Department. The initial notice of impoundment shall be followed by a written notice within twenty-four hours. (2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle in the operator's possession after the ninety-six hour abandonment period. -5- (3) Within fifteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle to the crime information center of the Washington state patrol. E. Notification-Impoundment From Public Property. (1) In the case of an unauthorized vehicle impounded from public property, the law enforcement officer or other public official directing the impoundment, or in the case of a vehicle impounded from private property, the impounding towing operator, shall notify the legal and registered owners of the impoundment of the unauthorized vehicle. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, as provided by the Pasco Police Department. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. (2) In the case of an abandoned vehicle, within twenty-four hours after receiving information on the vehicle owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, a notice of custody and sale to the legal and registered owners. 9.62.030 REDEMPTION RIGHTS AND HEARING PROCEDURES. A. Redemption Requirements. (1) Vehicles impounded by registered tow truck operators pursuant to RCW 46.52.170, 46.61.565, or section .020B. of this chapter may be redeemed only under the following circumstances: (a) Only the legal owner, the registered owner, a person authorized by the registered owner, or one who has purchased a vehicle from the registered owner, who produces proof of ownership or written authorization and signs a receipt therefor may redeem an impounded vehicle. (b) The vehicle shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, -6- storage, or other services rendered during the course of towing, removing, impounding, or storing any such motor vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. Any person who stops payment on a personal check or does not make restitution wtihin ten days from the date a check becomes insufficient due to lack of funds to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees. (2)(a) The towing company shall give to each person who seeks to redeem an impounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the two and storage receipt. The towing company shall maintain a record evidenced by the redeeming person's signature that such notification was provided. (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date the opportunity was provided for in subsection (2)(a)of this section. If the hearing request is not received by the district court within the ten-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. Upon receipt of a timely hearing request, the disrict court shall proceed to hear and determine the validity of the impoundment. (3)(a) The district court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, and the registered and legal owners of the motor vehicle in writing of the hearing date and time. -7- (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. (c) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the towing or storage fees charges were in compliance with the posted rates, and who is responsible for payment of the charges. (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent. (e) If the impoundment is determined to be invalid, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage costs, and any bond or other security shall be returned or discharged as appropriate, and the person who authorized the impoundment shall be liable for any towing, storage, or other impoundment charges permitted under this chapter. (4) Any impounded vehicle not redeemed within fifteen days of mailing of the notice of custody and sale as required by section 11(2) of this act shall be sold at public auction in accordance with all the provisions and subject to all the conditions of section 13 of this act. A vehicle may be redeemed any time before the start of the auction upon payment of towing and storage costs. B. Auction-When Permitted-Requirements. (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in section 11(2) of this act to the registered and legal owners, the vehicle or hulk remains unclaimed and has not been listed as a stolen vehicle, then the registered disposer having custody of the vehicle or hulk shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the 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 the auction. The advertisement shall contain a description of the vehicle including the make, model, year, and -8- license number and notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day. (2) The following procedures are required in any public auction of abandoned vehicles: (a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid: (b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preaution bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid; (c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded; (d) The highest two bids received shall be recorded in written form; (e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid; (f) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted; (g) All surplus moneys derived from the auction after satisfaction of the tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record within one year from the date of the -9- auction, the surplus moneys shall be remitted to the registered owner; (h) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within thirty days sell the unclaimed abandoned vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle. (3)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by subsection .020E.(2) of this chapter. (b) The failure of the registered disposer to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. C. Lien For Services. (1) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid. However, the lien does not apply to personal property in or upon the vehicle that is not permanently attached to or is not an integral part of the vehicle. The registered operator also has a deficiency claim against the last registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of three hundred dollars less the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars less the amount bid at auction, unless the impound is determined to be invalid. A registered owner who has completed the seller's report as provided for by RCW 46.12.101 is relieved of liability under this section. 9.62.040 JUNK VEHICLE DISPOSITION (1) Notwithstanding any other provision of law, any -10- Pasco Police Officer or any person authorized by the director may inspect and certify that a vehicle meets the requirements of a junk vehicle. The person making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of the scrap in it. (2) The Pasco Police Officer or department representative shall provide information on the vehicle's owner to the landowner. (3) Upon receiving information on the vehicle's owner, the landowner shall obtain a junk vehicle notification form from the department. The landowner shall send by certified mail, notification to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to contest the sale of a junk vehicle in a district court hearing. (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the owner, the landowner may sign an affidavit of sale to be used as a title document. (5) If no information on the vehicle's owner is found in the records of the department, the landowner shall place a legal notice of custody and sale in a newspaper of general circulation in the county. The newspaper notice shall include (a) the description of the vehicle; (b) the address of the location of the junk vehicle; (c) the date by which the owner must redeem the vehicle; and (d) a telephone number where the landowner can be reached. If the vehicle remains unclaimed more than twenty days after publication of the notice, the landowner may sign an affidavit of sale to be used as a title document. (6) The landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle owner any costs incurred in the removal of the junk vehicle. (7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property. 9.62.050 PUBLIC NUISANCES. A. Any unauthorized junk motor vehicle or parts thereof on private property are hereby declared to be a public nuisance. Costs of removal by the City may be assessed against the last registerd owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, provided that: (1) Written Notice is given to the last registered owner of record and the property owner of record that a hearing may be requested and that if hearing is requested, the vehicle or automobie hulk will be removed; (2) If a request for a hearing is received, a 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 shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record 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; (4) The owner of the 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 the 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 local agency 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 -12- Section 2. This ordinance shall take effect five (5) days after passage and publication. SED This /SY day of August, 1986 and approved by the Ma or d4; SE 1 1144 ON Mayor WELLS, City Clerk VED AS the cost from the owner; (5 ) After notice has been given of the intent of the city, town, or county to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and the department of licensing that the vehicle has been wrecked. The city, town, or county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap. Ak GREG A. ivnIsTELLo, City Attorney 99302-2608 Cr:ri-Titg • P0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE DATE 082286 LEGAL NO 001262 (*2 ) ACCOUNT NO 50550 DESCRIPTION Ordinance No . 2623 TIMES 001 LINES 981 --0m11510 AND SWORN BEFORE ME THISc7\ W SOLD TO City of Pasco P 0 Box: 293 412 W. Cla.r+ St. TOTAL $ /CF46. 70 Pasco WA 99301 NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS STATE OF WASHINGTON MARY JO HENRY , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a Ordinance No . 262.3 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on _Q82286 , and ending on 08 286 , and that said newspaper was regulary distributed to its subscribers during all of this period Notary public in and for the State of Wash- ington, residing at Kennewick COMMISSION EXPIRES - 90 (3) "Commission" means the state commis- sion on equipment estab- lished under RCW 46 37 005 (4) "Department" means the Washington State De- partment of Licensing (5) "Impound" means to take and hold a vehicle in legal custody There are two types of impounds — public and private (a) "Public Impound"- means that the vehicle has been impounded at the di- rection of a law enfocement officer or other public offi- cial having jurisdiction over the public property upon which the vehicle was lo- cated (b) "Private Impound" means that the vehicle has been impounded at the di- rection of a person having control or possession of the private property upon which the vehicle was lo- cated (6) "Junk vehicle" means a motor vehicle cer- tified under section 040 of this chapter as meeting all the following requirements (a) Is three years old or older, (b) Is extensively dam- aged such damage includ- ing but not limited to any of the following A broken win- dow or windshield or miss- ing wheels, tires, motor or transmission, (c) Is apparently inoper- able (d) Is without a valid cur- rent registration plate (e) Has fair market value equal only to the value of the scrap in it (7) "Registered tow truck operator" or "operator" means any person who en- gages in the impounding transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles (8) "Residential prop- erty" means property that has no more than four living units located on it (9) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehi- cles with equipment as ap- proved by the commission (10) "Tow truck number" means the number issued by the department to tow trucks used by the regis- tered tow truck operator in the State of Washington (11) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it (12) "Tow truck service" means the transporting upon the public streets and highways of this state of un- authorized vehicles to- gether with personal effects and cargo by a tow truck of a registered operator (13) "Unauthorized vehi- cle" means a vehicle (re- gardless of physical condition) that is subject to impoundment after being left unattended in one of the following public or pri- vate locations for the indi- cated p eriod of time Sub ect to removal after (a) Pu blic locations (I) Constituting a traffic hazzard as defined in RCW 46 61 565 Immediately (c) On the highway and tagged as described in RCVV 46 52 170 24 hours (iii) In a publicly owner or controlled parking facility properly posted under sec- tion 020 of this chapter Immediately (b) Private locations (i) On residential property Immediately 00 On private nonresiden- tial property properly posted under section 020 of this chapter Immediately (hi) On private nonresiden- tial property, not posted 24 hours 9 62 020 IMPOUNDING UNAUTHORIZED VEHICLES A Requirements (1) No person may impound, tow, or otherwise disturb any motor vehicle standing on nonresidential private prop- erty or in a public parking facility for less than twenty- four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates (a) The times a vehicle may be impounded as an unauthorized vehicle and (b) The name telephone number and address of the towing firm where the vehi- cle may be redeemed (2) The requirements of subsection (1) of this sec- tion do not apply to resi- dential property Any person having charge of such property may have an unauthorized vehicle im- pounded immediately upon giving written authorization (3) All signs required by subsection (1) of this sec- tion shall conform to Rules relating to the size of the sign its lettering place- ment and the number re- quired, adopted by the department (6) Any person who shows proof of ownership or written authorization from the impounded vehi- cle's registered or legal owner may view the vehicle without charge during nor- mal businss hours D Notifications- Impoundment From Pri- vate Property (1) At the time of impoundment the registered tow truck opera- tor providing the towing service shall give immedi- ate notification, by tele- phone or radio, to the Pasco Police Department who shall maintain a log of such reports, unless the im- poundment was requested by the Pasco Police Depart- ment The initial notice of Impoundment shall be fol- lowed by a written notice within twenty-four hours (2) The operator shall immediately send an aban- doned vehicle report to the department for any vehicle in the operator s posses- sion after the ninety-six hour abandonment period (3) Within fifteen days of the sale of an abandoned vehicle at public auction the towing operator shall send a copy of the aban- doned vehicle report show- ing the disposition of the abandoned vehicle to the crime information center of the Washington State Pa- trol E Notification- impoundment From Public Property (1) In the case of an unauthorized ve- hicle impounded from pub- lic property the law enforcement officer or other public official direct- ing the impoundment, or in the case of a vehicle im- pounded from private prop- erty, the impounding towing operator, shall notify the legal and registered owners of the impound- ment of the unauthorized vehicle The notification shall be sent by first-class mail within twenty-four hours after the impound- ment to the last known reg- istered and legal owners of the vehicle, as provided by the Pasco Police Depart- ment The notification shall include the name of the im- pounding tow firm its ad- dress and telephone number The notice shall also include the location time of the impound and by whose authority the vehicle was impounded (2) In the case of an abandoned vehicle within twenty-four hours after re- ceiving information on the vehicle owners from the de- partment through the aban- doned vehicle report the tow truck operator shall send by certified mail a no- tice of custody and sale to the legal and registered owners 9 62 030 REDEMPTION RIGHTS AND HEARING PROCECURES A Redemption Require- ments (1) Vehicles im- pounded by registered tow truck operators pursuant to R C W 48 52 170, 46 61 565 or section 020B of this chapter may be redeemed only under the following circum- stances (a) Only the legal owner, the registered owner a per- son authorized by the regis- tered owner, or one who has purchased a vehicle from the registered owner, who produces proof of own- ership or written authoriza- tion and signs a receipt therefor may redeem an im- pounded vehicle (b) The vehicle shall be released upon the presen- tation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing stor- age, or other services ren- dered during the course of towing, removing im- pounding or storing any such motor vehicle Com- mercially reasonable ten- der shall include without limitation cash major bank credit cards or personal checks drawn on in-state banks if accompanied by two pieces of valid identifi- cation one of which may be required by the operator to have a photograph Any person who stops payment on a personal check or does not make restitution within ten days from the date the check becomes in- sufficient due to lack of funds to a towing firm that has provided a service pur- suant to this section or on any other manner defrauds the towing firm in connec- tion with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees plus costs and reasonable attorney's fees (2)(a) The towing com- pany shall give to each per- son who seeks to redeem an immpounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a • charges were in compli- ance with the posted rates and who is responsible for payment of the charges (d) If the impoundment is found proper the impound- ment, towing and storage fees as permitted under this chapter together with court costs shall be as- sessed against the person or persons requesting the hearing unless the opera- tor did not have a signed and valid impoundment au- thorization from a private property owner or an autho- rized agent (e) If the impoundment is determined to be invalid then the registered and legal owners of the vehicle shall bear no impound- ment, towing or storage costs and any bond or other security shall be re- turned or discharged as ap- propriate, and the person who authorized the im- poundment shall be liable for any towing storage or other impoundment charges permitted under this chapter (4) Any impounded vehi- cle not redeemed within fif- teen days of mailing of the notice of custody and sale as required by section 11(2) of this act shall be sold at public auction in accord- ance with all the provisions and subject to all the condi- tions of section 13 of this act A vehicle may be re- deemed any time before the start of the auction upon payment of towing and storage costs B Auction-When Permitted-Requirements (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in section 11(2) of this act to the regis- tered and legal owners the vehicle or hulk remains un- claimed and has not been listed as a stolen vehicle then the registered dis- poser having custody of the vehicle or hulk shall con- duct a sale of the vehicle at public auction after having first published a notice of the date place and time of the 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 the auction The adver- tisement shall contain a de- scription of the vehicle Including the make, model year, and license number and notification that a three-hour - public viewing period will be available be- fore the auction The auc- tion shall be held during daylight hours of a normal business day (2) The following proce- dures are required in any public auction of aban- doned vehicles (a) The auction shall be held in such a manner that all persons present are given an equal time and op- portunity to bid (b) All bidders must be present at the time of the auction unless they have submitted to the registered tow truck operator who may or may not choose to use the preauction bid method a written bid on a specific vehicle Written bids may be submitted up to five days before the auc- tion and shall clearly state which vehicle is being bid upon, the amount of the bid and who is submitting the bid, (c) The open bid process including all written bids shall be used so that every- one knows the dollar value that must be exceeded - (d) The highest two bids received shall be recorded in written form (e) In case the high bid- der defaults the next bid- der has the right to purchase the vehicle for the amount of his or her bid (f) The registered tow truck operator shall post a copy of the auction proce- dure at the bidding site If the bidding site is different from the licensed office lo- cation the operator shall post a clearly visable sign at the office location that describes in detail where the auction will be held At the bidding site a copy of the newspaper advertise- ment that lists the vehicles for sale shall be posted (g) All surplus moneys derived from the auction after satisfaMon of the tow truck opera or s lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund A report iden- tifying the vehicles result- ing in any surplus shall accompany the remitted funds If the director subse- quently receives a valid claim from the registered vehicle owner of record within one year from the date of the auction the sur- plus moneys shall be re- mitted to the registered owner (h) If an operator re- ceives no bid or if the oper- ator is the successful bidder at auction the oper- who has completed the sell- er s report as provided for by RCVV 46 12 101 Is re- lieved of liability under this section 9 62 040 JUNK VEHICLE DISPOSITION (1) Notwithstanding any other provision of law any Pasco Police Officer or any person authorized by the director may inspect and certify that a vehicle meets the requirements of a junk vehicle The person making the certification shall record the make and vehicle iden- tification number or license number of the vehicle if available and shall also de- scribe in detail the damage or missing equipment to verify that the value of the Junk vehicle is equivalent only to the value of the scrap in it (2) The Pasco Police Offi- cer or department rep- resentative shall provide information on the vehicle s owner to the landowner (3) Upon receiving infor- mation on the vehicle s owner, the landowner shall obtain a junk vehicle notifi- cation form from the depart- ment The landowner shall send by certified mail noti- fication to the registered and legal owners shown on the records of the depart- ment The notification shall describe the redemption procedure and the right to contest the sale of a Junk vehicle in a district court hearing (4) If the vehicle remains unclaimed more than fif- teen days after the land- owner has mailed notification to the owner the landowner may sign an affidavit of sale to be used as a title document (5) If no information on the vehicle s owner is found in the records of the depart- ment the landowner shall place a legal notice of cm- tody and sale in a newspa- per of general circulation in the county The newspaper notice shall include (a) the description of the vehicle (b) the address of the loca- tion of the junk vehicle (c) the date by which the owner must redeem the ye- hide and (d) a telephone number where the land- owner can be reached If the vehicle remains un- claimed more than twenty days after publication of the notice, the landowner may sign an affidavit of sale to be used as a title docu- ment (6) The landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle owner any costs in- curred in the removal Cl the junk vehicle , (7) For the purposes of this section the terM "landowner" includes a legal owner of private prop- erty, a person with posses- sion or con^rol of private property, or apublic official having jurisdiction over public property 9 62 050 " PUBLIC NUISNACES A Any unauthorized junk motor vehicle or parts thereof on private property are hereby declared to be a public nuisance Costs of removal by the City may be assessed against the last registered owner of the ye- hide or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has com- plied with RCW 46 12 101, or the costs may be as- sessed against the owner of the property on which the vehicle is stored provided that (1) Written Notice is given to the last registered owner of record and the property owner of record that a hearing may be re- quested and that if hearing is requested the vehicle or automobile hulk will be re- moved, (2) If a request for a hear- ing is received a notice giv- ing the time location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nui- sance shall be mailed by certified mail with a five- day return receipt re- quested, to the owner of the land as shoSen on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicla is in such condition that identifi- cation numbers are not available to determine bwn- ership (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 con- action with the business of a licensed dismantler or li- censed vehicle dealer and is fenced accordino_to_ Ordinance No 2623 AN ORDINANCE Relat- ng to abandoned unautho- rized, and junk vehicles repealing and re-enacting Ch 9 62 PMC WHEREAS, Ch 377, Laws 1985 State of Wash- ngton, established new procedures relating to abandoned, unauthorized (and junk vehicles and WHEREAS, The City Council upon staff recom- mendation and deliberation Gas determined that the PMC should be amended to incorporate the new stat- utory provisions to facilitate the removal and disposition of abandoned and junk ve- hicles, NOW, THERE- FORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS Section 1 Existing Ch 9 82 PMC is hereby re- pealed and re-enacted to read as follows CHAPTER 9 62 ABANDONED VEHICLES AND VEHICLE HULKS Sections 9 62 010 Definitions 9 82 020 Impounding Un- authorized Vehicles 9 82 030 Redemption Rights and Hearing Procedures 962 040 Junk Vehicle Disposition 962 050 Public Nuisances 9 62 010 DEFINITIONS The definitions set forth in this section apply through- out the chapter (1) "Abandoned vehicle" means a vehicle that a reg- istered tow truck operator has impounded and held in his possession for ninety- six consecutive hours (2) "Abandoned vehicle report" means the docu- ment prescribed by the state that the towing opera- tor forwards to the depart- ment after a vehicle has become abandoned 4) This section applies to all new signs erected after July 1 1986 All other signs must meet these re- quirements by July 1 1989 B Impoundment If a ve- hicle is in violation of the time restrictions of section 010(13) of this chapter, it may be impounded by a registered tow truck oper- ato at the direction of a law enforcement officer or other public official with ju- risdiction if the vehicle is on public property, or at the di- rection of the property owner or his agent if it is on private property , The person requesting a private impound shall pro- vide a signed authorization for the impound at the time and place of the impound to the registered tow truck op- erator before the operator may proceed with the im- pound C Storage (1) All vehi- cles impounded shall be taken to the nearest stor- age location that has been inspected and is listed on the application filed with the department (2) All vehicles shall be handled and returned in substantially the same con- dition as they existed be- fore being towed (3) All personal belong- ings and contents in the ve- hicle shall be kept intact and shall be returned t6 the vehicle s owner or agent during normal business hours upon request and presentation of a driver s li- cense or other sufficient identification Personal be- longings shall not be sold at auction to fulfill a lien against the vehicle (4) All personal belong- ings not claimed before the auction shall be turned over to the Pasco Police Depart- ment Such personal be- longings shall be disposed of pursuant to chapter 63 29 RCW (5) All employees who serve as tow truck drivers shall have a Washington state driver s license en- dorsed for vehicle combina- tions under RCW 46 20 440 e accompanied by a form to be used for request- ing a hearing, and a copy of the tow and storage receipt The towing company shall manitain a record evi- denced by the redeeming person's signature that such notification was pro- vided (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district court for the Ju- risdiction in which the vehi- cle was impounded to contest the validity of the impoundment or the amount of towing and stor- age charges Any request for a hearing shall be made in writing on the forms pro- vided for that purpose and must be received by the district court within ten days of the date the oppor- tunity was provided for in subsection (2)(a) of this section If the hearing re- quest is not received by the district court within the ten- 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 Upon receipt of a timely hearing request the district court shall pro- ceed to hear and determine the validity of the impound- ment (3)(a) The district court within five days after the re- quest for a hearing shall notify the registered tow truck operator the person requesting the hearing if not the owner, and the reg- istered and legal owners of the motor vehicle in writing of the hearing date and time (b) At the hearing, the person or persons request- ing the hearing may pro- duce any relevant evidence to show that the impound- ment, towing or storage fees charged were not proper (c) At the conclusion of the hearing the district court shall determine whether the impoundment was proper whether the towing or storage fees I a auction the oper- ator shall, within thirty days sell the unclaimed aban- doned vehicle to a licensed vehicle wrecker, hulk hauler or scrap processor by use of the abandoned vehicle report-affidavit of sale or the operator shall apply for title to the vehicle (3)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of rec- eipt of the information by the operator from the de- partment as provided by subsection 020E (2) of this chapter (b) The failure of the reg- istered disposer to comply with the time limits pro- vided in this chapter limits the accumulation of stor- age charges to five days ex- cept where delay is unavoidable Providing in- correct or incomplete iden- tifying information to the department in the aban- doned vehicle report shall be considered a failure to comply with these time lim- its If correct information is available C Lien For Services (1) A registered tow truck oper- ator who has a valid and signed impoundment au- thorization has a lien upon the vehicle for services pro- vided in the towing and storage of the vehicle, un- less the impoundment is determined to have been invalid However the lien does not apply to personal property in or upon the ye- hicle that is not perma- nently attached to or is not an integral part of the vehi- cle The registered operator also has a deficiency claim against the last registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of three hundred dol- lars less the amount bid at auction and for vehicles of over ten thousand pounds gross vehicle weight the operator has a deficiency claim of one thousand dol- lars less the amount bid at auction unless the im- pound is determined to be invalid A registered owner an is fenced according to RCW 46 80 130 (4) The owner of the land on which the vehicle is lo- cated may appear in per- , son at the hearing or present a written statement in time for consideration at the hearing and deny re- sponsibility for the pros- ence of the vehicle on the land, with his reasons for the denial If it is deter- mined at the hearing that the vehicle was paced on the land without the con- sent of the landowner and that he has not subse- quently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle Is located or otherwise attempt to col- lect the costs from the owner (5) After notice has been given of the intent of the city, town, or county to dis- pose of the vehicle and after a hearing if re- quested has been held the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washing- ton state patrol and the de- partment of licensing that the vehicle has been wrecked The city, town or county may operate such a disposal site when its gov- erning body determines that commercial channels of disposition are not avail- able or are inadequate, and it may make final disposi- tion of such vehicles or parts, or may transfer such vehicle or parts to another governmental body pro- vided such disposal shall be only as scrap Section 2 This ordi- nance shall take effect five (5) days after passage and publication PASSED This 18 day of August 1986 and approved by the Mayor -s- Joe Jackson Mayor ATTEST -s- Evelyn Wells City Clerk APPROVED AS TO FORM -s- Greg A Rubstello, City Attorney LEGAL NO 001262 August 22, 1988 August 19, 1986 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle: Please publish Ordinance No. 2623 on the following date: August 22, 1986 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew /