Chapter 8.28
ABANDONED AND JUNK VEHICLES
Sections:
8.28.010 Statutes adopted by reference.
8.28.030 Authorization to impound.
8.28.031 Law enforcement impound – Abandoned vehicle.
8.28.035 Abatement and removal of junk vehicles or parts thereof from private property.
8.28.040 Municipal Court hearings.
8.28.050 Disposition of abandoned unauthorized junk vehicles.
8.28.060 Stolen and abandoned vehicles – Reports of – Notice – Disposition.
8.28.070 Owner of record presumed liable for costs when vehicle abandoned – Exceptions.
8.28.080 Owner or agent required to pay charges – Lien.
8.28.090 Impounding not a bar to prosecution.
8.28.100 Contract with registered disposer to dispose of vehicles and hulks – Compliance required.
8.28.110 Unlawful to abandon unauthorized junk vehicles.
8.28.120 Abandoning vehicles unlawful.
8.28.010 Statutes adopted by reference.
The following statutes of the Revised Code of Washington are adopted by reference as sections of this code. For the purposes of interpreting the meaning of the statutes adopted by reference, reference therein to the State of Washington or to the highways of the State shall refer to the City of Sunnyside or the highways of the City.
RCW
46.55.070 Posting Requirements – Exception
46.55.080 Law Enforcement Impound, Private Impound
46.55.085 Law Enforcement Impound – Abandoned Vehicle
46.55.090 Storage, Return Requirements – Personal Belongings – Combination Endorsement for Two Truck Drivers – Authority to View Impounded Vehicle
46.55.100 Impound Notice – Abandoned Vehicle Report – Disposition Report
46.55.110 Notice to Legal and Registered Owners
46.55.120 Redemption of Vehicles – Sale of Unredeemed Vehicles
46.55.130 Notice Requirements – Public Auction – Accumulation of Storage Charges
46.55.140 Operator’s Lien, Deficiency Claim, Liability
46.55.230 Junk Vehicles – Certification – Notification, Removal, Sale
[Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1537 § 1, 1985; Ord. 1482 § 1, 1984.]
8.28.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Abandoned vehicle” means any vehicle left on private property for more than 24 hours without permission of the person having right to possession of the property, or left within the right-of-way, including parking strips and sidewalks, of any public street or highway, or on public property opened for vehicular travel or parking for 24 hours or longer.
B. “Department” means the Washington State Department of Licensing.
C. “Director” means the Director of the Department of Licensing or his designee.
D. “Police Chief” means the Sunnyside Police Chief or his designee.
E. “Junk vehicle” means a motor vehicle that has been certified as meeting at least two of the following requirements:
1. 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;
2. Is apparently inoperable;
3. Has an approximate fair market value equal only to the approximate value of the scrap in it;
4. Is without valid, current license plates or certificate of registration.
F. “Vehicle” means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks, except that mopeds shall be considered vehicles. “Vehicle” also means any and all types of trailer.
G. “Vehicle hulk” means any portion or portions of a vehicle which are inoperative and cannot be made mechanically operative without additional vital parts and a substantial amount of labor.
H. “Property Maintenance Facilitator” means the Property Maintenance Facilitator as defined in Chapter 8.32 SMC. [Ord. 1980 § 11, 1999; Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1482 § 1, 1984.]
8.28.030 Authorization to impound.
Members of the Police Department and the Property Maintenance Facilitator, where specifically authorized below, are authorized to remove and impound vehicles immediately, unless specific prior notice of such removal and impound is required as described in each subsection below, by means of towing or otherwise, under any of the following circumstances:
A. When a vehicle poses an immediate danger to public safety, including but not limited to danger arising from mechanical defect(s) or defective equipment, or is obstructing traffic on any public street, right-of-way, alley, access way or parking area and is unattended or, if attended, the owner or person in charge of the vehicle refuses or is unable to remove it or provide for its removal.
B. When a vehicle is determined to be an abandoned vehicle as defined in SMC 8.28.020(A) and the officer has complied with the notice requirements of SMC 8.28.031, an abandoned vehicle is declared to be a public nuisance.
C. When a vehicle is found in a tow-away zone or abandoned at the scene of an accident.
D. When a vehicle is determined to be a junk vehicle as defined in SMC 8.28.020(E) and is located on private property, and the law enforcement officer or Property Maintenance Facilitator, has complied with the notice requirements of SMC 8.28.035, storage or retention of a junk vehicle or parts thereof on private property is declared to be a public nuisance subject to removal and impoundment.
E. When the operator of a vehicle is arrested and placed in custody, or is otherwise incapacitated and is not in condition to drive, and the vehicle is not in a place of safety and there is no other person present or reasonably available to properly act as agent for such operator to drive the vehicle to a place of safety.
F. When an officer discovers a vehicle that the officer determines to be stolen.
G. When determined by a commanding officer that a vehicle must be removed from a fire zone established in SMC 15.02.010(B), or as authorized by Section 10.101 of the Uniform Fire Code, 1988 Edition, or as subsequently amended.
H. When a vehicle is blocking or otherwise impeding United States Postal Service delivery, vehicles and/or facilities, water meters, pipeline valves, or other waterworks appliances or fixtures from access by City personnel, and the water account serviced by the blocked waterworks fixture is delinquent or past due. [Ord. 1980 § 11, 1999; Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1482 § 1, 1984.]
8.28.031 Law enforcement impound – Abandoned vehicle.
A. A law enforcement officer discovering an abandoned vehicle as defined in SMC 8.28.020(A) shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
1. The date and time the sticker was attached;
2. The identity of the officer;
3. A statement that if the vehicle is not removed within 24 hours from the time the sticker is 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.
B. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
C. If the vehicle is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety. A vehicle that does not pose a safety hazard in the opinion of the law enforcement officer may remain on the roadside for more than 24 hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
D. For the purposes of this section a place of safety includes the business location of a registered tow truck operator. [Ord. 1923 § 2, 1996.]
8.28.035 Abatement and removal of junk vehicles or parts thereof from private property.
A. The storage or retention of an unauthorized junk vehicle on private property is declared to constitute a public nuisance subject to removal and impoundment. The Property Maintenance Facilitator shall inspect and investigate complaints relative to unauthorized junk vehicles, or parts thereof, on private property. Upon discovery of such nuisance, the Property Maintenance Facilitator shall give notice in writing either by personal service or by mail, in accordance with the provisions of Chapter 8.32 SMC, to the last known address of the last registered owner of record and to the property owner to abate the nuisance or face removal of said vehicle. In addition to the notice requirements of Chapter 8.32 SMC, the notice under this section shall inform the registered owner of record and property owner that a hearing before the Sunnyside Municipal Court may be requested in writing directed to the Property Maintenance Facilitator within 14 days of said notice of nuisance. If no hearing is requested within 14 days, the vehicle will be removed. Notice as described herein shall be substantially in the following form:
NOTICE OF ABATEMENT/REMOVAL OF JUNK VEHICLES OR PARTS THEREOF
NOTICE IS HEREBY GIVEN to the (insert name of owner) of a vehicle described as (insert description of vehicle, make, model, year, license number and motor number if available) located at (insert address) and notice is hereby given to the owner of the property on which said vehicle is located, that the presence of said vehicle on such property constitutes a nuisance in violation of SMC 8.28.035 (“Abatement and Removal of Unauthorized Junk Vehicles or Parts Thereof From Private Property”). The owner of the vehicle and the property owner must abate the nuisance by removing said vehicle from the property. If such vehicle is not removed from its present location within fourteen (14) days of (insert date), the City shall impound and remove said vehicle.
YOU ARE FURTHER NOTIFIED that you have the right to protest the removal of said vehicle if you request a hearing by personally delivering, or by mailing to the Sunnyside Property Maintenance Facilitator, 818 E. Edison Avenue, Sunnyside, Washington 98944, a copy of the following “Request for Pre-Impoundment/Removal Hearing” within fourteen (14) days of the date of this Notice of Abatement/Removal of Junk Vehicles. The Request for Hearing must actually be received by the Property Maintenance Facilitator before the City Clerk’s Office closes on the date specified.
Signed: __________________________
Property Maintenance Facilitator
City of Sunnyside
BEFORE THE SUNNYSIDE MUNICIPAL COURT
CITY OF )
SUNNYSIDE, ) NO.
a Municipal )
Corporation, )
) REQUEST FOR PRE-
-vs- ) IMPOUNDMENT
) HEARING
(Owner’s Name) )
(Property Owner’s )
Name) )
I, as the owner of the vehicle listed above, and/or the owner of the property on which said vehicle is located, request a hearing to contest the validity of the proposed impoundment of the vehicle described in the foregoing Notice of Removal and Impoundment, and I understand that this request must be returned to the Sunnyside Municipal Court Clerk before the date listed in the “Notice of Removal and Impoundment.”
DATED this _______ day of __________, 20___.
(Signature of Owner)
(Address and Telephone
Number)
(Signature of Property Owner)
(Address and Telephone No.)
B. If the Property Maintenance Facilitator is unable to ascertain the name and address of the vehicle owner, the Property Maintenance Facilitator shall attach a copy of the notice addressed to “Unknown Owner” to the vehicle in a conspicuous place and this shall be deemed sufficient notice.
C. 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 the identification numbers are not available to determine ownership.
D. 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 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 Sunnyside Municipal Court 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 cost from the owner.
E. Cost of removal of a vehicle or parts thereof under this section shall be assessed against the last registered owner of the vehicle or vehicle hulk if the identity of the owner can be determined, unless the owner, in the transfer of ownership of the vehicle or vehicle 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, unless the property owner establishes the facts set forth above in subsection (D) of this section.
F. This section shall not apply to the following authorized vehicles:
1. A vehicle or part thereof that is completely enclosed within a building or sufficiently fenced in a lawful manner where it is not visible from the street or other public or private property; or
2. 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.
G. After notice has been given of the City’s intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or parts thereof shall be removed at the request of the Police Chief or his designee and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked. An appeal from a decision by the Sunnyside Municipal Court must be received by the Yakima County District Court, Sunnyside, within 10 days of that decision or the right to appeal is waived. [Ord. 1980 § 11, 1999; Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1482 § 1, 1984.]
8.28.040 Municipal Court hearings.
All hearings required under this chapter, including the hearing required by RCW 46.55.120(2), shall be conducted by the Sunnyside Municipal Court instead of the District Court. Hearings shall be conducted pursuant to SMC 2.40.030. A decision made by the Sunnyside Municipal Court may be appealed to the Yakima County District Court for Sunnyside within 15 days of the date of decision. Any filing fees shall be paid by appellant. The City may act immediately upon a decision of the Sunnyside Municipal Court unless the appellant requests a stay of action and posts a bond with the Sunnyside Municipal Court Clerk in the amount determined by the Sunnyside Municipal Court as reasonable. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1482 § 1, 1984.]
8.28.050 Disposition of abandoned unauthorized junk vehicles.
A. Notwithstanding any other provisions of law, the Police Chief on his own volition, or upon request from a private person having the right to possession of the property upon which an abandoned or unauthorized junk vehicle has been left, shall inspect and may authorize the disposal of an abandoned or unauthorized junk vehicle. The Police Chief shall record the make of such vehicle, the serial number or vehicle identification if available, and shall also detail the damaged or missing equipment to verify that the value of such abandoned unauthorized junk vehicle is equivalent to the value of the scrap metal therein only. He shall prepare in duplicate for each such abandoned unauthorized vehicle an authorization to dispose on a form provided by the department. He shall issue the original copy of such authorization to dispose to any licensed hulk hauler, motor vehicle wrecker, or scrap processor for the purpose of acquiring an abandoned unauthorized junk vehicle; provided, that such acquisition is for the purpose of ultimate transfer to, and demolition by, a licensed scrap processor.
B. Any monies arising from the disposal of abandoned unauthorized junk vehicles shall be deposited in the City’s current expense fund. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992; Ord. 1482 § 1, 1984.]
8.28.060 Stolen and abandoned vehicles – Reports of – Notice – Disposition.
A. It shall be the duty of the Police Chief to report abandoned or stolen vehicles immediately to the Chief of the Washington State Patrol.
B. In the event that any motor vehicle reported as stolen has been recovered, the person so reporting the same as stolen shall be guilty of a misdemeanor unless he shall report the recovery thereof to the Police Chief, to whom such motor vehicle was reported stolen.
C. It shall be the duty of the Police Chief to report to the Chief of the Washington State Patrol all vehicles or vehicle hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a registered disposer. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.070 Owner of record presumed liable for costs when vehicle abandoned – Exceptions.
A. The abandonment of any vehicle or vehicle hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing and disposing of any abandoned vehicle.
B. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if, within five days of the transfer, he transmits to the Department of Licensing a seller’s report of sale on the form prescribed by the Director. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.080 Owner or agent required to pay charges – Lien.
A. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid by the owner or his agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his agent; if the vehicle is redeemed, such costs shall be received from the proceeds of sale.
B. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.090 Impounding not a bar to prosecution.
The impounding of the vehicle shall not preclude charging the violator with any violation of the law on account of which such motor vehicle was impounded. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.100 Contract with registered disposer to dispose of vehicles and hulks – Compliance required.
A. The City may contract with any registered tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the Department for the purpose of disposing of certain vehicle hulks, abandoned junk vehicles and abandoned vehicles. The tow truck operator under this section shall be required to comply with all regulations and rules under Chapter 46.55 RCW and the Washington Administrative Code.
B. Any registered disposer under contract to the City for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the Police Chief or Director. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.110 Unlawful to abandon unauthorized junk vehicles.
No person shall willfully leave an abandoned or unauthorized junk vehicle on private property for more than 24 hours without the permission of the owner having the right to possession of the property, or upon or within the right-of-way of any highway or other property open to the public for purposes of vehicular travel or parking for 24 hours or longer without notification to the Chief of Police of the reasons for leaving the vehicle in such a place. For the purposes of this section, the fact that a vehicle has been so left without permission or notification is prima facie evidence of abandonment. Any person convicted of abandoning an unauthorized junk vehicle shall be assessed any costs incurred by the City in disposing of such vehicle less monies accrued to the City from such disposal. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.120 Abandoning vehicles unlawful.
No person shall leave or permit any vehicle to remain on any highway or private property longer than 24 hours without the permission of the owner. [Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]
8.28.130 Penalties.
Any person violating any provision of this chapter shall be deemed to have committed a civil infraction and assessed the monetary penalties authorized pursuant to SMC 1.16.010, including restitution as determined appropriate by the Court. [Ord. 2018 § 13, 2000; Ord. 1923 § 2, 1996; Ord. 1784 § 1, 1992.]