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"Abandoned Vehicles" is repealed in its entirety and a new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.
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(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;
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(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: