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HomeMy WebLinkAbout4100AN ORDINANCE REGULATING IMPOUND OF U~AUTHORIgED AND JuIqK VEHICLES, REPEALING CHAPTER 9.08 OF THE BREMERTON ~UNICIPAL CODE, AND ADOPTING A NEW CHAPTER AND DECLARING AN EMERGENCY. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Bremerton Municipal Code Chapter 9.08 "Abandoned Vehicles" is repealed in its entirety and a new Chapter 9.08 is hereby adopted to read as follows: CHAPTER 9.08. UNAUTHORIZED AND JUNK VEHICLES ARTICLE I. IMPOUNDING UNAUTHORIZED VEHICLES · 010 DEFINITION. "Unauthorized vehicle" means a vehicle that is subject to impoun~ after being left unattended in one of the following public or private locations for the indicated period of time: Subject to removal after: (1) Public locations: (a) Constituting a traffic hazard as defined in RCW 46.61.565 ......... Immediately (b) On a highway or publicly owned property, not including parking facilities, and tagged as described in B~C 9.08.020 ........... 24 hours (c) In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 .............. Immediately (2) Private locations: (a) On residential property .......... Immediately (b) On private, nonresidential property, properly posted under RCW 46.55.070 ........................ Immediately (c) On private, nonresidential property, not posted .......................... 24 hours · 020 PUBLIC IMPOUND PROCEDURES. A law enforcement officer discovering an unattended vehicle or junk vehicle on the highway that has apparently been abandoned shall attach to the vehicle a readily visible notification sticker containing the following information. (1) The date and time the sticker was attached; (2) The identity of the officer issuing the notice; (3) A statement that if the vehicle is not removed within twenty-four (24) hours of the time the sticker was attached, the vehicle may be taken into custody and stored at the owner's expense; and (4) The address and telephone number where additional information may be obtained. If the vehicle has current Washington registration plates, the officer shall check the record to learn the identity of the last owner of record. The Bremerton Police Department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker. If a vehicle is in violation of the time restrictions of Section 9.08.010, it may be impounded by a registered tow truck operator at the direction of the law enforcement officer. .030 PRIVATE IMPOUND. A person requesting private impound of an unauthorized vehicle shall provide a signed authorization for the impound at the time and place of the impound by a registered tow truck operator before the operator may proceed with the impound. .040 NOTICE TO LEGAL AND REGISTERED OWNERS. In the case of an unauthorized vehicle impounded from public property, the law enforcement agency or other public official directing the impounding, 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 within 24 hours. The notification shall contain a certificate of mailing to the last known registered and legal owners of the vehicle, as shown on the records provided of the law enforcement agency or otherwise reasonably ascertainable. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall inform the owner of the location, time of the impound, by whose authority the vehicle was impounded, redemption procedures, and opportunity for a hearing to contest the basis of the impound. The notice need not be mailed if the vehicle is redeemed prior to mailing of the notice or if the registered owner and the legal owner are not reasonably ascertainable. Upon impoundment of a vehicle, the law enforcement officer shall also provide the registered tow truck operator with the name and address of the last registered owner and legal owner of the vehicle as may be shown by the records of the department or as otherwise reasonably ascertainable. .050 IMPOUND HEARING. (1) The notification provided in section .040 shall inform the legal and registered owner that a hearing request may be directed to Nk~nicipal Court, and shall be accompanied by a form to be used for requesting a hearing. Requests shall be in writing and must be received by the Nk[nicipal Court within ten (10) days of the date the notification was mailed. If the hearing request is not received within the ten-day period, the right to a hearing is waived and the registered and legal owners shall be liable for any towing, storage, or other impoundment charges. (2) The Nbnicipal 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 owner of the motor vehicle in writing of the hearing date and time. (3) 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. (4) At the conclusion of the hearing, the Nk~nicipal Court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the charges. 3 (5) 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. (6) 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. ARTICLE II. JUNK VEHICLES .060 NUISANCE. (1) Abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on public or private property are public nuisances and may be abated by the City. Costs of removal may be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle 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. (2) Any law enforcement officer may inspect and certify that a vehicle meets the requirements of a junk vehicle by recording the make and vehicle identification number, license number of the vehicle if available, and by describing in detail the damage or missing equipment to verify that the value of the junked vehicle is equivalent only to the value of the scrap in it. "Junk vehicle" means a motor vehicle which is: (a) is three years old or older; (b) extensively damaged, such damage including but not limited to any of the following: broken window or windshield or missing wheels, tires, motor or transmission; 4 (c) is apparently inoperable which may be evidenced by lack of a valid, current registration plate, and (d) has a fair market value equal only to the value of the scrap metal. .070 NOTICE OF HEARING. A notice shall be sent by certified mail to the last registered owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, and the vehicle is not removed within ten (10) days after the City has mailed notification, the vehicle or part thereof will be removed. If a request for a hearing is received, notice giving the time, location and date of the hearing on the question of abatement or 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 such in such condition that identification numbers are not available to determine ownership. .080 ABATEMENT HEARING. (1) The owner of the land on which the vehicle is located may appear in person before the hearing examiner 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 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 City 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. (2) A vehicle or part thereof which is completely enclosed within a building in a lawful manner or is not visible from the street or other public or private property; or a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the Dusiness of a licensed dismantler or licensed vehicle dealer any is fenced according to RCW 46.80.130, shall not be subject to abatement. (3) After notice of intent to abate and after hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of the Bremerton Police Department with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. .090 TOW TRUCK OPERATOR-COMPLIANCE WITH REGULATIONS. Any tow truck operator under contract with the City for the impounding of vehicles shall comply with such administrative regulations relative to the handling and disposing of vehicles as may be reuqired by Chapter 46.55 RCW, or promulgated by the City or the Director of the Washington State Department of Motor Vehicles. Section 2. Severability. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances is not affected. Section 3. Declaration of Emergency. The Council finds that delay in adopting enforceable regulations has created a substantial backlog of unauthorized and junk vehicles within the City. The Council deems this situation injurious to the public welfare, and declares an emergency, making this ordinance effective upon passage. PASSED by the City Council of th C~ ~ty of Bremerton on the first reading this //~ day of~//~/~ , 1987. P~sident, C~t ~ APPROVED this ~m~z--~' day of /~_~.~ , 1987. G~LOBE, Mayor AT~EST: KATHLEE~ McCLUSKEY, City Clerk PUBLISHED: