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Ordinance 2076ORDINANCE NO. 2076 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REGULATING ABANDONED AND JUNKED MOTOR VEHICLES AND AMENDING SECTIONS 8.02.020 AND 8.02.030 OF THE EDMONDS CITY CODE WHEREAS, the following amendments are in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 8.50 is hereby added to the Edmonds City Code to be entitled Abandoned and Junked Motor Vehicles and to read as follows: 8.50.010 DEFINITIONS. For the purposes of this chapter the following words shall have the following meanings: A. "Abandoned vehicle" means any vehicle or automobile hulk left within the right of way of any highway or on the property of another without consent of the owner of such property for a period of twenty-four hours or longer; Provided, that a vehicle or hulk shall not be considered abandoned if it is lawfully parked for a period not exceeding seventy-two hours; Provided further, that a vehicle or hulk 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. "Abandoned junk motor vehicle" means any motor vehicle substantially meeting the following requirements: 1. Left on private property for more than 24 hours without the permission of the person having right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right of way of any road or highway for twenty-four hours or longer; 2. Three years old, or older; -1- 3. Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor or transmission; 4. Apparently inoperable; 5. Without a valid, current registration plate; 6. Having a fair market value equivalent to the scrap therein, only. C. "Automobile hulk" means any portion or portions of a motor vehicle which is inoperative and cannot be made mechanically operative without additional vital parts and a substantial amount of labor. D. "Department" shall mean the Washington State Department of Licensing. E. "Director" shall mean the Director of the Department of Licensing or his designee. F. "Police chief" shall mean the Edmonds Police Chief or his designee. 8.50.020 AUTHORITY TO IMPOUND VEHICLES ON THE HTC�HWAV_ Members of the police department are authorized to remove and impound vehicles found on the highway by means of towing or otherwise to the nearest garage or other place of safety or to a garage designated or maintained by the police depart- ment or otherwise maintained by the city, under any of the following circumstances: A. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic; B. When any vehicle upon a highway, including tunnels, bridges or approaches, is so disabled as to constitute an obstruction to traffic or when the person or persons in charge of the vehicle are incapacitated to such an extent as to be unable to provide for its custody or removal and there is no other person present who may properly act as agent for such operator in the care of his vehicle. C. When any vehicle is left unattended upon a highway and is so parked illegally as to constitute a hazard or -2- obstruction to the normal movement of traffic. D. When any vehicle operating on a highway is found to be defective in equipment in such manner that it may be considered unsafe. E. When any vehicle is found in a tow -away zone. F. When the operator of any vehicle is arrested and placed in custody and is not in condition to drive and the vehicle is not in place of safety and there is no other person present who may properly act as agent for such operator to drive the vehicle to a place of safety. G. Any abandoned vehicle or abandoned junk motor vehicle found on a highway. 8.50.030 NOTICES TO OWNERS REQUIRED. A. Whenever an officer removes and impounds a vehicle from a highway as authorized in Section 8.50.020, he shall as soon as practicable give or cause notice to be given in writing to the owner of such vehicle, if any record exists of the registered or legal owner in the records of the authority last licensing such vehicle, of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. B. Whenever an officer does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as set forth above, and in the event the vehicle is not returned to the owner within a period of three days, the officer shall immediately send or cause to be sent written report of such removal by mail to the depart- ment and shall file a copy of such notice with the proprietor of any garage in which the vehicle may be stored. Such notice shall include a complete descrip- tion of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. 8.50.040 ABATEMENT AND REMOVAL OF AUTOMOBILE HULKS AND/OR ABANDONED VEHICLES ON PRIVATE PROPERTY -- CONTENTS. A. The storage or retention of an automobile hulk and/or abandoned vehicle on private property is declared to constitute a public nuisance subject to removal and impoundment. The police shall inspect and investigate -3- complaints relative to automobile hulks and/or abandoned vehicles, or parts thereof on private property. Upon discovery of such nuisance, the police department shall give notice in writing to the last registered owner of record of the automobile hulk and/or abandoned vehicle and also to the property owner of record that a public hearing may be requested before the city council and that if no hearing is requested within ten days, the automobile hulk and/or abandoned vehicle will be removed. Costs of removal may be assessed against the last registered owner of the automobile hulk and/or abandoned vehicle if the identity of such owner can be determined, or the costs may be assessed against the owner of the property on which the automobile hulk and/or abandoned vehicle is stored. B. If a request for a hearing is received, a notice giving the time, location and date of such hearing on the question of removal and impoundment of the automobile hulk and/or abandoned vehicle or part thereof as a public nuisance shall be mailed, by certified or registered mail with a five-day return receipt re- quested, to the owner of the land as shown on the last equalized assessment roll of the County Assessor and to the last registered and legal owner of record of the automobile hulk and/or abandoned vehicle unless the automobile hulk and/or abandoned vehicle is in such condition that identification numbers are not available to determine ownership. C. This section shall not apply to: 1. An automobile hulk, or part thereof, which is com- pletely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property, or 2. An automobile hulk, or part thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130. D. The owner of the land on which the automobile hulk and/or abandoned 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 hulk and/or abandoned vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the hulk and/or abandoned 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 council shall not assess -4- costs of administration or removal of the hulk and/or abandoned vehicle against the property upon which the hulk is located or otherwise attempt to collect such cost from the property owner. E. After notice has been given of the intent of the city to dispose of the automobile hulk and/or abandoned vehicle and after a hearing, if requested, has been held, the automobile or part thereof, shall be removed, at the request of a police officer, and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State patrol and the department that the vehicle has been wrecked. F. The city shall within thirty days after removal of an automobile hulk and/or abandoned vehicle from private property file for record with the county auditor to claim a lien for the cost of removal, which shall be in substance in accordance with the provisions covering mechanics' liens in chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. 8.50.050 DISPOSITION OF ABANDONED JUNK MOTOR VEHICLES. A. Notwithstanding any other provision of law, the chief of police on his own volition, or upon request from a private person having the right to possession of pro- perty upon which an abandoned junk motor vehicle has been left, shall inspect and may authorize the disposal of an abandoned junk motor vehicle. The chief of police shall record the make of such vehicle, the serial number or vehicle identification number if available, and shall also detail the damaged or missing equipment to verify that the value of such abandoned junk vehicle is equivalent to the value of the scrap metal therein, only. He shall prepare in duplicate for each such abandoned junk motor 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 junk motor 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 junk motor vehicles shall be deposited in the city's general fund. 8.50.060 STOLEN AND ABANDONED VEHICLES --REPORTS OF NOTICE --DISPOSITION. A. It shall be the duty of the immediately to the chief of all motor vehicles reported chief of police to report the Washington State Patrol to him -as stolen or recovered, -5- upon forms to be provided by the chief of the Wash- ington 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 chief of police to whom such motor vehicle was reported stolen. C. It shall be the duty of the chief of police to report to the chief of the Washington State Patrol all vehicles or automobile 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. 8.50.070 OWNER OF RECORD PRESUMED LIABLE FOR COSTS WHEN VEHICLE ABANDONED --EXCEPTION. A. The abandonment of any vehicle or automobile 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 a seller's report of sale on a form pre- scribed by the director. 8.50.080 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 im- pounded 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, but if not 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. 8.50.090 IMPOUNDING NOT TO PREVENT PROSECUTION. The impounding of a vehicle shall not preclude charging the -6- violator with any violation of the law on account of which such vehicle was impounded. 8.50.100 CONTRACT WITH REGISTERED DISPOSER TO DISPOSE OF VEHICLES AND HULKS --COMPLIANCE REQUIRED. A. The city may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the depart- ment for the purpose of disposing of certain automobile hulks, abandonded junk motor vehicles, and abandonded vehicles. 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 the director. 8.50.110 UNLAWFUL TO ABANDON JUNKED MOTOR VEHICLE. No person shall wilfully leave an abandoned junk motor vehicle on private property for more than seventy-two hours without the permission of the person 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 forty-eight hours or longer without notification to the chief of police of the reasons for leaving the motor vehicle in such a place. For the purposes of this section, the fact that a motor vehicle has been so left without permission or noti- fication is prima facie evidence of abandonment. Any person convicted of abandoning a junk motor vehicle shall be assessed any costs incurred by the city in disposing of such abandoned junk motor vehicle less any monies accrued to the city from such disposal. 8.50.120 ABANDONING VEHICLES UNLAWFUL. No person shall leave or permit a vehicle to remain on any highway or private property without the permission of the owner longer than twenty-four hours; provided, however, said vehicle may remain on the highway for a period not to exceed seventy-two hours if it is lawfully parked. 8.50.200 PENALTIES. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished as set forth in Section 5.45.020 of the Edmonds City Code. -7- 8.50.300 SEVERABILITY. If any section, subsection, clause or phrase or word of this chapter is for any reason held to be invalid or unconstitu- tional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or con- stitutionality of the remaining portions of this chapter." Section 2. Section 8.02.020 of the Edmonds City Code is hereby amended to read as follows: "8.02.020 SECTIONS NOT ADOPTED. The following sections of the MTO are not adopted by this reference and are expressly deleted: RCW 46.90.103 RCW 46.90.375 RCW 46.90.106 RCW 46.90.380 RCW 46.90.275 RCW 46.90.472 RCW 46.90.330 RCW 46.90.710 RCW 46.90.335 RCW 46.90.720 RCW 46.90.340 RCW 46.90.730 RCW 46.90.345 RCW 46.90.740 RCW 46.90.370 RCW 46.90.940" Section 3. Section 8.02.030 of the Edmonds City Code is hereby amended to read as follows: "8.02.030 STATUTES NOT ADOPTED. The following sections in the RCW which were adopted by reference in the MTO are not adopted by this reference and are expressly deleted: RCW 46.04.431 RCW 46.98.020 RCW 46.48.170 RCW 46.98.030 RCW 46.52.145 RCW 46.98.040 RCW 46.80.010 RCW 60.04.010 through .220" RCW 46.80.130 Section 4. This Ordinance will be in full force and effect five (5) days after passage and publication by posting as provided by law. APPRO D- � t MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: calf Tz/ lit UGthin oia e222A::2 Yt CITY CLERK, IIJENE VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 11.V4 FILED WITHE CITY CLERK: June 15, 1979 PASSED BY VIE CITY COUNCIL: June 26, 1979 POSTED: June 27, 1979 EFFECTIVE DATE: July 2, 1979 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that the is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 27 day of JUNE 11 1979 , affiant posted true and correct copies of the attached Ordinance No. 2076, passed by the City Council on the JUNE 26 day of , 1979 , at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 27 day of JUNE 01 1979 . SUBSCRIBED AND SWORN to before me this '/ day of 197/ . ota y Public in and for the State QfWashington, residing at