Chapter 10.09
IMMOBILIZATION OF VEHICLES
Sections:
10.09.020 Failure to comply with notice of parking infraction – Notice to registered owner.
10.09.030 Declaration of public nuisance.
10.09.040 Immobilization of vehicles constituting public nuisances.
10.09.050 Procedure for immobilization of vehicles.
10.09.070 Release from immobilization.
10.09.080 Petition for relief from immobilization or impoundment.
10.09.090 Cash bond forfeiture.
10.09.100 Impoundment following immobilization.
10.09.110 Disposition of impounded vehicles.
10.09.120 Unpaid penalties remaining after disposal of impounded vehicle.
10.09.130 Unauthorized removal of immobilization device.
10.09.010 Applicability.
The provisions of this chapter shall be applicable to parking infractions as established and set forth in CMC 7.04.240 and Chapter 10.08 CMC. [Ord. 793B, 2005.]
10.09.020 Failure to comply with notice of parking infraction – Notice to registered owner.
If no response is made to a notice of parking infraction within 15 days of the issuance thereof, and if there are two or more additional notices of parking infraction to which there have been no response and for which the penalties have not been paid, the city shall mail a notice to the registered owner of the vehicle to which the notice of parking infraction was affixed. Such notice shall be mailed to the address of the registered owner as shown by the records of the Department of Licensing of the state in which such vehicle is licensed, and shall contain the following:
A. The license number of the vehicle;
B. The name of the registered owner of the vehicle as shown by the records of the Department of Licensing or other appropriate agency of the state in which such vehicle is licensed;
C. The date and nature of all notices of parking infraction applicable to such vehicle to which no response has been made and for which the penalties have not been paid;
D. A statement of the amount of all unpaid penalties imposed by reason of such notices of parking infractions, together with any such increases and such penalties arising under applicable Chehalis ordinances;
E. A statement that the vehicle will be considered to be a public nuisance unless all outstanding unpaid penalties and increases thereof occasioned by the issuance of notices of parking infraction are paid within 14 days of such notice;
F. A statement that the vehicle, as a public nuisance, will be subject to immobilization and subsequent impoundment pursuant to this chapter, unless such payment is so made; and
G. The address and telephone number where additional information may be obtained. [Ord. 793B, 2005.]
10.09.030 Declaration of public nuisance.
Any vehicle for which three or more notices of parking infraction have been issued under the provisions of the Chehalis Municipal Code, and for which there has been no response and payment of the penalties has not been made, shall be considered a public nuisance 14 days after the mailing of the notice provided in CMC 10.09.020, if payment is not made as directed in said notice. Said vehicle shall be considered a public nuisance in that said vehicle has inhibited the orderly movement of vehicles into parking spaces on the streets and/or into public parking facilities of the city, created an obstruction to traffic, and restricted public access to limited parking spaces and created a disincentive to others to obey the parking regulations of the city. [Ord. 793B, 2005.]
10.09.040 Immobilization of vehicles constituting public nuisances.
Any vehicle constituting a public nuisance under the provisions of this chapter and found parked on the streets or in public parking facilities of the city may be immobilized by a parking control officer or a police officer of the city. [Ord. 793B, 2005.]
10.09.050 Procedure for immobilization of vehicles.
A. Any law enforcement officer or parking control officer of the city may temporarily immobilize any vehicle constituting a public nuisance under this chapter by installing on or attaching to such vehicle a device designed to restrict the normal movement of such vehicle.
B. At the time such device is installed or attached, there shall be affixed to such vehicle a notice of immobilization containing the following information:
1. The date and time that the notice of immobilization was affixed;
2. The name of the parking control officer or police officer who installed or attached such device;
3. A statement that the vehicle constitutes a public nuisance under this chapter and has been immobilized by the city of Chehalis;
4. A statement that the vehicle may be released from such immobilization upon payment in full of all unpaid penalties and penalty increases resulting from the issuance of notices of parking infraction for which responses have not been made and for which payment has not been made, plus the additional sum of $50.00 for immobilization fee;
5. A statement that if the registered owner of the vehicle wants to contest the immobilization, the registered owner may file a petition for relief from the failure to respond to notices of parking infraction within 10 days of the date of immobilization and may obtain a release of the immobilized vehicle by posting a cash bond in an amount that is equal to all outstanding penalties and immobilization fee;
6. A statement that unless the action in subsection (B)(4) or (B)(5) of this section is performed within 24 hours of the date and time of such notice, the vehicle will be placed in the custody of a registered tow-truck operator and impounded until payment is made, including the cost of towing and impounding;
7. A warning that removing or attempting to remove the immobilization device before release is obtained is unlawful and may damage the vehicle;
8. The address and telephone number and office hours where additional information can be obtained, where payment shall be made and where arrangements can be made for release of the immobilization device; and
9. The parking restrictions otherwise applicable shall not apply to any vehicle during the time of immobilization. [Ord. 793B, 2005.]
10.09.060 Immobilization fee.
The registered owner of any vehicle immobilized pursuant to this chapter shall be assessed a $50.00 fee to cover the cost of immobilization and said fee shall be in addition to any other penalties under the Chehalis Municipal Code. [Ord. 793B, 2005.]
10.09.070 Release from immobilization.
Except for the purpose of impoundment as provided in this chapter, no vehicle immobilized pursuant to this chapter shall be released from the device until payment of the total of all unpaid parking violation penalties, plus the $50.00 immobilization fee, or the posting of a cash deposit bond in an amount that is equal to the sum of said penalties and fee as directed by the chief of police or his designee. [Ord. 793B, 2005.]
10.09.080 Petition for relief from immobilization or impoundment.
Any person desiring to contest an immobilization or impoundment of a vehicle under this chapter may serve upon the city and file with the Chehalis municipal court a petition for relief within 10 days of the date thereof. The registered tow-truck operator that impounded the vehicle shall provide forms for requesting such hearings. All requests for hearings shall be made in writing and on the form so provided and must be received by the Chehalis municipal court within 10 days of the latter of the date in which written notice was mailed or given to the party whose vehicle was impounded. If the request for hearing is not received by the Chehalis municipal court within the 10-day period, then the right to a hearing is waived and the registered owner is liable for any towing, storage or other charges as permitted under Chapter 46.55 RCW. Procedure for the conducting of hearings to contest the validity of an impoundment shall be as set forth in Chapter 46.55 RCW. [Ord. 793B, 2005.]
10.09.090 Cash bond forfeiture.
Any person posting a cash bond pursuant to this chapter shall be deemed to have forfeited the cash bond to the city if no petition for relief is filed with the Chehalis municipal court within 10 days following the date of the immobilization. Notice of the right of the city to forfeit the cash bond shall either be given in person to the party posting the bond or mailed to their last known address. [Ord. 793B, 2005.]
10.09.100 Impoundment following immobilization.
A vehicle that is immobilized and not released as provided in this chapter within 24 hours of such immobilization shall be towed away by a registered tow-truck operator and impounded at the cost of the registered owner. Said vehicle shall not be released until full payment of all unpaid parking violation penalties, plus the $50.00 immobilization fee, together with all towing and storage costs. [Ord. 793B, 2005.]
10.09.110 Disposition of impounded vehicles.
All vehicles impounded pursuant to this chapter and not redeemed or released from such impoundment shall be subject to the provisions of Chapter 46.55 RCW. [Ord. 793B, 2005.]
10.09.120 Unpaid penalties remaining after disposal of impounded vehicle.
In the event that a registered tow-truck operator disposes of a vehicle impounded pursuant to this chapter to recover the costs of towing and storage as provided by Chapter 46.55 RCW, any unpaid penalties assessed against the registered owner of such vehicle shall not be discharged, and shall remain an obligation owing by such registered owner to the city. [Ord. 793B, 2005.]
10.09.130 Unauthorized removal of immobilization device.
It is a misdemeanor for any person other than a parking control officer or a police officer of the city to remove or attempt to remove an immobilization device that has been placed on the vehicle pursuant to this chapter, or to move an immobilized vehicle without such removal. [Ord. 793B, 2005.]