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HomeMy WebLinkAboutO-0860 - Repeals and reenacts Ord. 647, wrecked or abandoned vehicles (Repealed by 1129)/ -..' CIT Y 0 F MAR Y S V ILL E Marysville,Washington." ORDINANCE NO.:ri~0 An Otdinance of the City of Marysville repealing Ordinance No.647,also known as Chapter 6.92 of the Marysville Municipal Code,and enacting a new chapter relating to wrecked or "abandoned vehicles .. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Ordinance No.647 Repealed.Ordinance No.647 adopted by the City Counc1l of theCi~y qf Marysville on November 25,1968,a copy of which is attached helfeto as "Exhibit A"and incor- porated herein by this reference,is hereby REPEALED. Section 2.Definitions. (a)An "abandoned vehicle"for the purpose of this chap- ter means any vehicle left within the limits of any highway or upon the property of another without the consent of the owner of such property for a period of twenty-four hours,or longer,except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. (b)An "abandoned automobile hulk"for the purpose of this chapter means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative with- out the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs. Section 3.Storage Restrictions.It is unlawful for any person,natural or corporate,to place or keep an abandoned vehicle, an abandoned automobile hulk,a discarded or junk automobile or portion thereof,upon any public or private property within the City, or,as owner,occupier or party in control of any real property within the City to permit or allow any such automobile or portion thereof to be placed or kept upon the property,unless: (a)The vehicle or portion thereof is completely enclosed within a building where it is not visible from the street or other public or private property;or (b)The vehicle or portion thereof is stored or parked in a lawful manner on private property in connection with the business as a licensed dismantler or licensed dealer,fenced according to the provisions of RCW 46.80.130,and applicable City ordinances. Section 4.Liabilitt for Disposal.The abandonment of any vehicle or automoblle hulk sha 1 constltute a prima facie presumption that the last owner of record is responsible for abandonment and -1- thus liable for any costs incurred in the removing,storing and dis- posing of such motor vehicle or automobile hulk.A registered owner who has complied with the requirements of RCW 46.52.104,shall be relieved of liability under this section. Section 5,Prima Facie Evidence of Abandonment.It shall be prima facie evidence that an automobile or portion thereof is abandoned,junked and/or discarded if the same is (a)inoperable by reason of damage,neglect or the removal of parts therefrom;(b) unlicensed for current operation on a public street;and (c)has been substantially in the same condition and location for more than twenty-four hours.The provisions of this section shall not apply to commercial establishments which are regularly licensed to handle junk automobiles and otherwise are complying with state and local laws and regulations, Section 6.Conditions for Removal and Impoundment.The police department lS authorlzed to remove and lmpound vehlcles from any public street,alley or other public place in any of the following circumstances: Ca)When a vehicle is obstructing traffic on any public street or alley and the person in charge of the vehicle is unable or refuses to remove it or provide for its removal; (b)When a vehicle is left unattended upon any street or alley and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic; (c)When any vehicle is left unattended upon any bridge, viaduct or restricted vehicular accessway where such vehicle consti- tutes an obstruction to traffic; Cd)When a vehicle has been parked or left standing in any public street or alley for a continuous period of time of more than twenty-four hours. Section 7.Towage and Storage Order.Vehicles impounded pursuant to this Chapter shall be removed 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 private firm with a written order to tow and store the vehicle. Section 8.Police Re ort,Owner Notice Issuance.When a vehicle is impounded,t e po lce epartment s a report lt to the Washington State Patrol and shall give notice to the registered and/or legal owner thereof,if the name and address of the owner can be ascertained.Notice of the impoundment shall also be given to the County Sheriff. Section vehicle impounded period of fifteen Vehicle Deemed Nuisance When. Any lS apter an e tunc alrned for a deemed to be an abandoned vehicle, -2- and at the expiration of such period,the vehicle shall be deemed to be in the custody of the County Sheriff,and the Sheriff or his designee shall deliver the vehicle to a tow truck operator who shall dispose of such vehicle in the manner provided in RCW 46.52.111 and 46.52.112;provided,that if the vehicle is a model year ten or more years prior to the calendar year in which such vehicle is stored, the Sheriff is authorized to declare that such vehicle is a public nuisance and may dispose of such vehicle without notice of sale,and in such case the Director of Motor Vehicles shall issue an appropriate bill of sale to the tow truck operator to dispose of the vehicle as he may determine. Section 10.Removal and Storage Costs--Lien Upon Vehicle. All costs incurred by the City in the removal and storage of an impounded vehicle shall be a lien upon the vehicle.The owner of an impounded vehicle may redeem it,prior to its sale or other disposal as an abandoned vehicle,by the payment of all such costs. Section 11.A ointment of Tow Truck 0 erator--Bond Re uired. The chief of police may appolnt any tow truc operator engage ln removing and storing of abandoned motor vehicles as his agent,for the purpose of disposing of certain abandoned vehicles and automobile 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 regulation and upon the posting of a surety bond in the amount of three thousand dollars to insure compliance with Sections 12 and 13 and to compensate the owner of any vehicle that has been unlawfully sold as a result of any negligence or misconduct of the tow truck operator.Any appointment may be cancelled by the chief of police upon evidence that the appointed tow truck operator is not complying with all laws,rules and regulations relative to the handling and dis- position of abandoned motor vehicles. Section 12.Duties of Tow Truck o~erator.Such tow truck operator shall take custody of such abandone automobile or automobile hulks,remove it to the established place of business of the tow truck operator where it shall be stored and the tow truck operator shall have a lien upon the vehicle or hulk for services provided in the tow- ing and storage,and shall also have a claim against the last regis- tered owner of the vehicle or hulk for services provided in the towing and storage,not to exceed the sum of one hundred dollars.A registered owner who has complied with RCW 46.52.104,shall be re- lieved of liability under this section.Within five days after receiv- ing custody of the abandoned vehicle or automobile 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 days after having received the name and address of the owner, he shall notify the registered and legal owner of the vehicle with copies of such notice being sent to the Chief of the Washington State Patrol and 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 the owner appearing on the records of the Department of Motor Vehicles,and the notice shall be sent to the registered and legal owner by certified or registered mail within a five-day return receipt requested.Such notice shall contain a ~•. -3- description of the vehicle or hulk including its license 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 vehicle and the time and place of public sale if the amount remains unpaid. Section 13.Sale of Impounded Vehicle.If,after the expiration of fifteen days from the date of mailing of notice to the registered and legal owner,the vehicle or automobile hulk remains unclaimed and has not been listed as stolen or recovered vehicle, then the tow truck operator having custody of such 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 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 abandoned vehicle or automobile hulk shall be sold at auction to the highest bidder.The proceeds 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 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 insuffi- cient 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 one hundred dollars.A registered owner who has complied with RCW 46.52.104 shall be relieved of liability under this section. Section 14.Tow Truck Operator's Lien Upon Vehicle.A tow truck operator bonded in accordance with the prOV1Sl0ns of this Chap- ter who shall tow,transport or store any vehicle,whether by contract or at the direction of any public officer,shall have a lien upon such vehicle so long as the vehicle remains in his possession,for the charges for such towing,transportation or storage.If such a vehicle remains unclaimed for five days,it may be deemed abandoned and subject to the provisions of Sections 12 and 13. Section IS. Required.It shall be t e immedlately to the Chief of vehicles reported as stolen the Chief of the Washington Vehicles uty 0 t e c le 0 po lce to report the Washington State Patrol all motor or recovered upon forms to be provided State Patrol. by Section 16.Stolen Vehicle Recovery--Report to Police Reguired.In the event that any motor vehicle reported as stolen has been recovered,the person so reporting the vehicle as stolen shall be guilty of a violation of this Chapter unless he shall report the recovery thereof to the chief of police. Section 17.Nuisance Abatement Procedure.The storage or retention of abandoned,wrecked,dismantled or inoperative vehicles or automobile hulks on any private property in the City is declared to be a public nuisance which shall be abated and removed in accordance with the provisions of this Chapter hereinafter set forth: -4- _.'..... (a)Costs of abatement and removal of such vehicle may be assessed against the last registered owner of the vehicle or auto- mobile hulk if the identity of such owner can be determined unless such owner in the transfer of such vehicle or automobile hulk has complied with RCW 46.12,101,or the costs may be assessed against the owner of the real property on which the vehicle is stored and shall constitute a lien thereon; (b)Before the abatement or removal of such vehicle or automobile hulk,notice shall be given to the last registered owner thereof of record and the real property owner of record that a public hearing may be requested before the City Council,and if no hearing is requested within ten days,the vehicle or automobile hulk will be removed and abated and the costs thereof assessed in accordance with this Chapter; (c)If a request for hearing is received by the City Clerk, a notice giving the time,location and date of such hearing on the question of the abatement and removal of such vehicle or automobile hulk as a public nuisance shall be mailed by certified or registered mail with a five-day return receipt requested,to the owner of the real property as shown on the last equalized assessment roll and to the last registered and legal owner of record of such motor vehicle or hulk,unless the vehicle is in such condition that identification numbers are not available to determine ownership; Cd)The owner of the land upon which the vehicle is located may appear in person at such 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 such denial.If it is determined at the hearing that the vehicle or auto- mobile hulk was placed on the land without the consent of the land owner,and that he has not subsequently acquiesced in its presence, then the City Council shall not assess costs of administration or removal of the vehicle or automobile hulk against the real property upon which the vehicle is located or otherwise attempt to collect such costs from the land owner; (e)After notice has been given of the intent of the City to dispose of a vehicle or automobile hulk,the vehicle or automobile hulk or portion thereof shall be removed from the private property by the chief of police and disposed of to a licensed auto wrecker or tow truck operator,with notice to the Washington State Patrol and the Department of Motor Vehicles that such vehicle or automobile hulk has been wrecked.The City may operate a disposal site if the chief of police determines that commercial channels are not available or are inadequate,and may make final disposition of the vehicle hulk or parts,or may transfer such vehicle hulk or parts to another govern- mental body,provided its disposal shall be only as scrap; (f)The City may within thirty days after the removal by the chief of police of an abandoned,wrecked,dismantled or inoperative automotive vehicle from real property,file for recording with the County Auditor a claim for lien for the costs of removal,which shall -5- ·. be in substance in accordance with provisions covering mechanic's liens in RCW Chapter 60.04,and the lien may be foreclosed in the same manner as such lien. Provided,that this Section shall not apply to (1)a vehicle or portion thereof which is completely enclosed within a building where it is not visible from the street or other public or private property,or (2)a vehicle or portion thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed dealer,fenced accord- ing to the provisions of RCW 46.80.130 and applicable City ordinances. Section 18.Property Owner's Authority to have Vehicle Removed--Lien.Any owner or person having possession or control of real property who should find a vehicle standing upon such property without his consent is authorized to have .such vehicle removed from the property and stored or held for its owner.Any towing firm pro- viding such removal service shall promptly report the fact of a vehicle impound,together with the license number,make,year and place of impound of the 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 the vehicle's owner,and shall be a lien upon the vehicle until paid,and the lien may be enforced as otherwise provided by law for the enforcement of towing or storage liens or liens generally. Section 19.Penalty for Violation.Any violation of this Chapter,including the act of caus1ng or permitting a public nuisance on public or private property,shall be a misdemeanor and upon con- viction shall be punishable by a fine of not to exceed three hundred dollars,or by imprisonment in the City Jail for a term of not to exceed ninety days,or by both such fine and imprisonment.This criminal remedy shall be cumulative with the civil remedy of abatement provided for herein. c ,~PASSEdbY the City6h.3 day of f'":(A',rJ.G "" Council and APPROVED by the Mayor this ,1975. THE CITY OF MARYSVILLE M AY 0 R By ...,..-...-....--",,-,.,....._ ATTEST: By'" City Clerk APPROVED AS TO FORM: u -6- ".. ~-•.. ~.I,.6.88.050--6.92.020 6.88.050 Exceptions.This chapter'shall not be con- strued to require any female prisoner to perform labor or any prisoner to labor on Sunday.(Ord.132 §5;May 7,1906). ,6~88.060 Prisoner and city prisoner defined.The terms "prisoner"and "city prison~r"as used in this chapter shall' 'be c~nstrued to include all persons who may hereafter be com- mitted to th~jail of said city upon conviction of a violation of any ordinance of said city.(Ord.132 §6;May 7,1906). Chapter 6.92 Wrecked 'or Abandoned Vehicles ,Sections: 6.92.010 ,6.92.-020 6.92.030 6.92.040 6.92.050 6.92.060 6.92.070 6.92.080 Maximum parking time. Nuisance declared. Notice to remove. Failure to meet requirements. Removal by police chief. Impoundment--Removal. Repair in streets. Penalty for violation. 6.92~010 Maximum parking time.It is unlawful to park, store or ,leave or permit the parking,storing or leaving of any licensed or.un1icensed motor vehicle of any kind for a period of time in excess of seventy-~wo hours,which is in a ,wrecked,junked or partially dismantled,or in an inoperative or abandoned condition,whether attended to or not,upon any pUblic or private property within the city,unless the same is completely enclosed within a building or unless it is placed in connection with a business enterprise properly operated in the appropriate business zone,pursuant to the zoning laws of the city.(ozd ,647 §l;November 25,1968).~ 6.92.020 Nuisance declared.Any'motor vehicle parked, stored,left or permitted to be parked,left or stored in vio- lation 0:(:the provisions of Section 6.92.010,shall constitute a nuisance detrimental to the health,safety and welfare of the inhabitants of the city and it is the duty of the register- ed or other owner of such vehicle,and it is also the duty of .the owner of the private property or of the lessee or other person in possession of the private property upon which such '.vehicle is located,either to remove the same from the city or to have the same housed,in a building where it will not be visi:blefrom the street or other private property.(Ozd ,647 §2;November 25,1968). 103 (Marysville 2/15/69) • -.'.:.' \.~....." 6.92.030--6.92.050 11 :.: J \,t '., 1 6.92.030 Notice to remove.It is the duty of the chief of police chapter'to give written notice to the registered or other owner of any motor vehicle which is in violation of this chapter or in the alternative to give such notice to the owner or lessee of the private prdperty upon which such motor vehicle is situated to the e~fect that the parking,storing or leaving or permitting of the parking,storing or leaving of such vehicle is in violation of this chapter and also demand- ing that the vehicle be removed from the city within seventy- two ho~rs or that within seventy-two hours the same be housed in,a building where it will not be visible from the street or adjoining private property~The notice shall be given by personal service or by certified ~ail.If personal service or service by mail cannot be made ,within ten days,then such notice shall be posted in a conspicuous place on the vehicle and a copy of the notice posted at the front door of the dwelling or building,if any,upon which or abutting the street upon which the vehicle is parked.(Ord.647 §3; November 25,1968). .~( ,' 6.92.040 Failure to meet requirements.If notice is given as ,is provided in Section 6.92.030,and the person upon whom notice and demand is made'shail fail to meet the require- ments of the notice,then such persons shall be in violation of this 'chapter.(Ord.647 §4;NoveInher 25,1968). 6.92.050 Removal by police chief.Notwithstanding the provisions of Section 6.92.040,and regardless of whether or not the person or person mentioned therein have been charged with a violation of this chapter,the chief of police,after giving the notice required by Section 6.92.030,and if the requirements of s~ch notice have not been complied with upon t.he expiration o f the seventy-two hour period,may cause the vehicle or vehicles to be removed to s~chsuitable place for storage,as maybe designated by the chief of police.Within forty-eight.hours after the removal and storage of such vehicle or vehicles,the chief of police shall give notice in the manner prescribed in Section 6.92.030 to the registered owner or other owner 0 f such vehic Le,if known,or also to the . owner,lessee or person i possession of the land from which the vehicle was removed,and by said notice shall advise that the vehicle has been impounded and stored for violation of this ordinance.The notice shall include the location of the place where the vehicle is stored,shall state the costs in- curred by the city for the removal or towing and the storage charges ,per day accrued or accruing and shall advise that if said charges are not paid iri full to the city clerk within a period of ~days immediately following the giving of such notice,the vehicle shall be deemed to have been abandoned and thereafter will be discarded as juzlk or may,in the dis- \''."i jr --:,. ;~ , {,~,r..~. 't- I. ~f I . '1,. ,r~, ,-... ~N ". ': j fA ,:1;~ I,~I!::;: :\~,:e ',II ~I ,~;i , I .I " '1.: ,I' . j'!. •I ,,1,--I ,. I-~ (Marysville ?/15/69)103-1 --i '1'"'~...'" ........':"'l .... 0/... 6.92.060--6.94.020 . il·;..,-. '\ I I I., cretion of the chief of police,be sold as an abandoned vehicle in the manner prescribed by RCW 46.52.110,relating to s eoLen and abandoned vehicles.(Ozd •647 §5;November 25,1968).• 6.92.070 Repair in streets.It is unlawful to disassem- ble,construct,reconstruct,repair,and/or service motor ve~ hicles of any kind in or upon any street,road,alley or other public thoroughfare in the city except for emergency services; provided,however,that the emergency service shall not extend over a period of two hours,and does not interfere with or impede the flow of traffic.(o rd ,647 §7;November 25,1968). ••1 ,I Chapter·6.94 Shoplifting Defined. Penalty for violation. 6.94.010 6.94.020 tI Sections: ~ r~. i:. I r \ e ll t ~ t....6.92.060 impoundment~-Removal.After any vehicle is ~.impounded and stored as aforesaid,it shall not;be released r:by the appointed keeper thereof until all charges connected I·with the removal,towing and storage of such vehicle have ...been fully paid as evidence by the.city clerk I s paid receipt. [(ord ,647 §6;Novembe~·:25;;:··1968)~ J~.,. ~ t ~., t 6.92 080 Penalty for violation.Any person who is in f violation of this chapter·and is convicted thereof shall be :punished by fine of not to exceed three hundred dollars or t by imprisonment in .the city jail for a term of not to exceed ninety days or by both such fine and imprisonment.COrd. 647 sa:.November 25,1968). 6.94.010 Defined.Any pers9n who wilfully takes pos- ..session of any goods,wares or merchandise of the value of less than seventy five dollars,for sale by any wholesale or ~retail store,or other mercantile .establishment in the city,t without the consent of the seller,with the intention of con- r verting such goods,wares or merchandise to his own use wi th- ::out having paid the purchase price thereof,is qu i.Lt.y'of a ~gross misdemeanor of shoplifting.(Ord.655 Sl:.Janua~y 13, 1969)• 6.94.020 Penalty for violation.Upon a first convic- tion therefor,he shall be pun.Lshed by a fine of not less than fifty dollars and not more than five hundred dollars, or by imprisonment for not less than five days and more than six months,or both such fine and imprisonment. 103-2 (Marysville 2/15/70)