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Ordinance 25920006.16041 RPB:jt 05/05/86 R: 10/27/86 ORDINANCE NO. 2592 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, REPEALING SECTIONS 8.50.010 THROUGH 8.50.080 OF THE EDMONDS MUNICIPAL CODE; ADDING NEW SECTIONS 8.50.010 THROUGH 8.50.030 GOVERN- ING ABANDONED, UNAUTHORIZED, AND JUNK MOTOR VEHICLES; AMENDING SECTION 8.50.200 OF THE EDMONDS CITY CODE RELATING TO PENALTY PROVI- SIONS FOR VIOLATIONS THEREOF; AMENDING SECTION 4.10.030 OF THE EDMONDS CITY CODE TO REQUIRE INSURANCE COVERAGE FOR TOW TRUCKS SPECIFIED BY STATE STATUTE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Edmonds City Council recognizes that the State legislature has required that all cities which adopt ordi- nances governing unauthorized, abandoned or impounded vehicles must include the provisions contained in RCW 46.55; and WHEREAS, the Edmonds City Council finds that this ordinance is in the interest of the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Sections 8.50.010 through 8.50.080 of the Edmonds City Code are hereby repealed. Section 2. There is hereby added to the Edmonds City Code a new Section 8.50.010 to read as follows: 8.50.010 STATUTES ADOPTED BY REFERENCE The following statutes of the State of Washington, including all future amendments thereto, are hereby adopted by reference: A. RCW 46.55.010 Definitions B. RCW 46.55.070 Posting requirements --exception C. RCW 46.55.080 Law enforcement impound, private impound. D. RCW 46.55.090 Storage, return requirements -- personal belongings --combination endorsement for tow truck drivers -- authority to view impounded vehicle. E. RCW 46.55.100 Impound notice --abandoned vehicle report --disposition report. F. RCW 46.55.110 Notice to legal and registered owners. G. RCW 46.55.120 Redemption of vehicles --sale of unredeemed vehicles. H. RCW 46.55.130 Notice requirements --public auction --accumulation of storage charges. I. RCW 46.55.140 Operator's lien, deficiency claim, liability. J. RCW 46.55.230 Junk vehicles --certification, notification, removal, sale. Section 3. There is hereby added to the Edmonds City Code a new Section 8.50.020 to read as follows: 8.50.020 ADMINISTRATIVE HEARING OFFICER All hearings required under this chapter, including the hearing required by RCW 46.55.120(2), shall be conducted by an administrative hearings officer instead of the district court. The Edmonds Hearing Examiner shall serve as the administrative hearings officer. A deci- sion made by an administrative hearing officer shall be final. Section 4. There is hereby added to the Edmonds City Code a new Section 8.50.030 to read as follows: 8.50.030 ABATEMENT AND REMOVAL OF UNAUTHORIZED JUNK MOTOR VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY A. The storage or retention of an unauthorized junk motor vehicle, as defined in RCW 46.55.010(5), on private property is declared to constitute a public nuisance subject to removal and impound- ment. The police shall inspect and investigate complaints relative to unauthorized junk motor 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 to abate the nuisance or face removal of said vehicle and - 2 - informing the property owner of record that a hearing before the Edmonds Hearing Examiner may be requested in writing directed to the Chief of Police within ten (10) days of said notice. If no hearing is requested within ten days, the vehicle will be removed. B. 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 deter- mine ownership. C. 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 considera- tion 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 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. D. Costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner can be deter- mined, unless the owner in the transfer of owner- ship of the vehicle or automobile 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 B. E. This section shall not apply to: 1) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or - 3 - 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. F. 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 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 of Licensing that the vehicle has been wrecked. Section 5. Section 8.50.200 of the Edmonds City Code is hereby amended to read as follows: 8.50.200 PENALTIES Any person violating any provision of this chapter shall be guilty of an infraction and shall be punished by a maximum penalty of two hundred and fifty dollars ($250.00). Section 6. Section 4.10.030 of the Edmonds City Code is hereby amended to read as follows: 4.10.030 Insurance No license shall be issued under this chapter nor shall any tow truck be operated in this city, unless there is at all times in full force and effect insurance coverage issued by an insurance company licensed to do business in the State of Washington, for each and every tow truck to be operated under the license, providing insurance coverage in the amounts required by RCW 46.55.030(3) as now stated or hereinafter amended. Evidence of insurance policies for the full term of the license shall be submitted to the police department at the time of application of the license. Such evidence shall be a certificate from the insurance company that the insurance exists and that it will not be canceled without five days written notice of cancelation previously given to the police department. Section 7. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitu- tional by a court of competent jurisdiction, such invalidity or - 4 - unconstitutionality shall not affect the validity or constitu- tionality of any other section, sentence, clause or phrase of this ordinance. Section 8. The state statutes adopted by reference in this ordinance shall be filed with the City Clerk, and a copy thereof made available for use and examination by the public, pursuant to RCW 35A.12.140. Section 9. This ordinance shall take effect and be in full force thirty (30) days after publication of the attached summary, including the penalty provision, which is hereby approved. APPROVED: MAYOR, RRY NAU HTEN ATTEST/AUTHENTICATED: .� AC Y CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE `CITY CLERK: October 28, 1986 PASSED BY THE CITY COUNCIL: December 9, 1986 PUBLISHED: 12/14/86 EFFECTIVE DATE: 1/14/87. ORDINANCE NO. 2592 - 5 - ADDENDUM TO WASHINGTON MODEL TRAFFIC ORDINANCE, INFOK14ATION BULLETIN N0. 440 46.55.010 Definitions. The definitions set forth in this section apply throughout this chapter: (1) "Abandoned vehicle" means a vehicle that a reg- istered tow truck operator has impounded and held in his possession for ninety—six consecutive hours. (2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator for- wards to the department after a vehicle has become abandoned. (3) "Commission" means the state commission on equipment established under RCW 46.37.005. (4) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds —public and private. (a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or other public official having jurisdiction over the pub- lic property upon which the vehicle was located. (b) "Private impound" means that the vehicle has been impounded at the direction of a person having con- trol or possession of the private property upon which the vehicle was located. (5) "Junk vehicle" means a motor vehicle certified under RCW 46.55.230 as meeting all the following requirements: (a) Is three years old or older; (b) Is extensively dama3ed, such damage including but not limited to any of the following: A broken win- dow or windshield or missing wheels, tires, motor, or transmission: (c) Is apparently inoperable; (d) Is without a valid, current registration plate; (e) Has a fair market value equal only to the value of the scrap in it. (6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles. (7) "Residential property" means property that has no more than four living units located on it. (8) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the commission. (9) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington. (10) "Tow truck permit" means the permit issued an- nually by the department that has the classification of service the tow truck may provide stamped upon it. (11) "Tow truck service" means the transporting upon the public streets and highways of this state of unautho- rized vehicles, together with personal effects and cargo, by a tow truck of a registered operator. (12) "Unauthorized vehicle' means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: Subject to removal after: Subject to removal after: (a) Public locations: (i) Constituting a traffic hazard as defined in RCW 46.61.565......... Immediatelv (ii) On a highway and tagged as described in RCW 46.52.170 ...... 24 hours (iii) In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 ............ Immediately (b) Private locations: (i) On residential property ............ Immediately (ii) On private, nonresidential property, properly posted under RCW 46.55.070Immediateiv (iii) On private, nonresidential property, not posted ....................... 24 hours [1985 c 377 § I.] TOW TRUCK OPERATORS REGISTRATION REQUIREMENTS 46.55.020 Registration required Penalty. A per- son who engages in or offers to engage in the activities of a registered tow truck operator shall not do so without first obtaining a registration certificate from the depart- ment of licensing authorizing him to engage in such ac- tivities. Any person engaging in or offering to engage in the activities of a registered tow truck operator without the registration certificate required by this chapter is guilty of a gross misdemeanor. [1985 c 377 § 2.1 46.55.030 Application —Contents, bond, insurance, fee, certificate. (1) Application for licensing as a regis- tered tow truck operator shall be made on forms fur- nished by the department, shall be accompanied by an inspection certification from the Washington state pa- trol, shall be signed by the applicant or his agent, and shall include the following information: (a) The name and address of the person, firm, part- nership, association, or corporation under whose name the business is to be conducted; (b) The names and addresses of all persons having an interest in the business, or if the owner is a corporation. the names and addresses of the officers of the corporation; (c) The names and addresses of all employees who serve as tow truck drivers; (d) Proof of minimum insurance required by subsec- tion (3) of this section; (e) Any other information the department may re- quire; and (f) A certificate of approval from the chief of police if the applicant's principal place of business is located in a city or town having a population over Five thousand per- sons or, in all other instances, from a member of the Washington state patrol, certifying that: (i) The applicant has an established place of busincss at the address shown on the application: (ii) The place of business has an ofEce area that is accessible to the public without entering the storage area: and Al (iii) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the department, where vehicles and their contents can be properly stored and protected. (2) Before issuing a registration certificate to an ap- plicant the department shall require the applicant to file with the department a surety bond in the amount of five thousand dollars running to the state and executed by a surety company authorized to do business in this state. The bond shall be .approved as to form by the attorney general and conditioned that the operator shall conduct his business in conformity with the provisions of this chapter pertaining to abandoned or unauthorized vehi- cles, and to compensate any person, company, or the state for failure to comply with this chapter or the rules adopted hereunder, or for fraud, negligence, or misrep- resentation in the handling of these vehicles. Any person injured by the tow truck operator's failure to fully per- form duties imposed by this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or county is entitled to recover actual damages, including reasonable attorney's fees against the surety and the tow truck operator. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. As a condition of au- thority to do business, the operator shall keep the bond in full force and effect. Failure to maintain the penalty value of the bond or cancellation of the bond by the surety automatically cancels the operator's registration. (3) Before the department may issue a registration certificate to an applicant, the applicant shall provide proof of minimum insurance requirements of: (a) Two hundred fifty thousand dollars for liability for bodily injury or property damage per occurrence; and (b) One hundred thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not limited to fire and theft, from the time a vehicle comes into the custody of an operator until it is re- deemed or sold. (4) The fee for each original registration and annual renewal is one hundred dollars per company, plus fifty dollars per truck. The department shall forward the reg- istration fee to the state treasurer for deposit in the mo- tor vehicle fund. (5) Upon approval of the application, the department shall issue a registration certificate to the registered op- crator to be displayed prominently at the operator's place of business. [1985 c 377 § 3.] 46.55.040 Inspection of tow truck Permit, num- ber. (1) Application for a tow truck permit shall be ac- companied by a report from the Washington state patrol covering a physical inspection of each tow truck to be used by the applicant. (2) Upon receipt of the fee provided in RCW 46.55.030(4) and a satisfactory inspection report from the state patrol, the department shall issue each tow truck an annual tow truck permit. The class of the tow truck, determined according to RCW 46.55.050, shall be stamped on the permit. The permit shall be displayed on the passenger side of the truck's front windshield. (3) A tow truck number from the department shall be affixed in a permanent manner to each tow truck. (4) The Washington state patrol shall conduct annual inspections of tow truck operators' equipment and facili- ties. Unscheduled inspections may be conducted without notice at the operator's place of business by an inspector to determine the fitness of a tow truck or facilities. (5) If at the time of the annual or subsequent inspec- tions the equipment does not meet the requirements of this chapter, and the deficiency is a safety related defi- ciency, or the equipment is necessary to the truck's per- formance, the inspector shall cause the registered tow truck operator to remove that equipment from service as a tow truck until such time as the equipment has been satisfactorily repaired. A red tag shall be placed on the windshield of a tow truck taken out of service, and the tow truck shall not provide tow truck service until the Washington state patrol recertifies the truck and re- moves the tag. [1985 c 377 § 4.] 46.55.050 Classification of trucks Marking re- quirements Time and place of inspection Penalty. (1) Tow trucks shall be classified by towing capabilities, and shall meet or exceed all equipment standards set by the commission on equipment for the type of toy trucks to be used by an operator. (2) All tow trucks shall display the firm's name, city of address, and telephone number. This information shall be painted on or permanently affixed to both sides of the vehicle in accordance with rules adopted by the department. (3) Before a tow truck is put into tow truck service, or when the reinspection of a tow truck is necessary, the district commander of the state patrol shall designate a location and time for the inspection to be conducted. When practicable, the inspection or reinspection shall be made within three business days following the request by the operator. (4) Failure to comply with any requirement of this section or rules adopted under it is a traffic infraction. (1985 c 377 § 5.] 46.55.060 Business location Requirements for posting of information, fencing and security, personnel, impound contracts, storage fees, invoices. (1) The ad- dress that the tow truck operator lists on his or her ap- plication shall be the business location of the firm where its files are kept. The application shall also list all loca- tions of secure areas for vehicle storage and redemption. (2) At the business locations listed where vehicles may be redeemed, the registered operator shall post in a con- spicuous and accessible location: (a) All pertinent licenses and permits to operate as a registered tow truck operator; (b) The current towing and storage charges itemized on a form approved by the department; (c) The vehicle redemption procedure and rights; A2 (d) Information supplied by the department as to where complaints regarding either equipment or service are to be directed; (e) Information concerning the acceptance of com- mercially reasonable tender as defined in RCW 46.55.120(1)(b). (3) Ten days before the effective date of any change in an operator's fee schedule, the registered tow truck operator shall file the revised fee schedule with the department. (4) The department shall adopt rules concerning fenc- ing and security requirements of storage areas, which may provide for modifications or exemptions where needed to achieve compliance with local zoning laws. (5) On any day when the registered tow truck opera- tor holds the towing services open for business, the busi- ness office shall remain open with personnel present who are able to release impounded vehicles in accordance with this chapter and the rules adopted under it. (6) A registered tow truck operator shall maintain personnel who can be contacted twenty-four hours a day to release impounded vehicles within a reasonable time. (7) Towing contracts with private property owners shall be in written form and state the hours of authori- zation to impound, the persons empowered to authorize such impounds, and the present charge of a private im- pound for the classes of tow trucks to be used in such impound, and shall be retained in the files of the regis- tered tow truck operator for three years. (8) Any fee that is charged for the storage of a vehicle shall be calculated on a twenty-four hour basis, and shall be charged to the nearest half day from the time the vehicle arrived at the secure storage area. (9) All billing invoices that are provided to the re- deemer of the vehicle shall be itemized so that the indi- vidual fees are clearly discernable. [1985 c 377 § 6.] IMPOUNDING UNAUTHORIZED VEHICLES 46.55.070 Posting requirements Exception. (1) No person may impound, tow, or otherwise disturb any motor vehicle standing on nonresidential private prop- erty or in a public parking facility for less than twenty- four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible lo- cation to all who park on such property that clearly indicates: (a) The times a vehicle may be impounded as an un- authorized vehicle; and . - (b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed. (2) The requirements of subsection ( I ) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehi- cle impounded immediately upon giving written authorization. (3) The department shall adopt rules relating to the size of the sign required by subsection (I) of this section. its lettering, placement, and the number required. (4) This section applies to all new signs erected after July 1, 1986. All other signs must meet these require- ments by July 1, 1989. [1985 c 377 § 7.] 46.55.080 Law enforcement impound, private im- pound. If a vehicle is in violation of the time restrictions of RCW 46.55.010(12), it may be impounded by a reg- istered tow truck operator at the direction of a law en- forcement officer or other public . official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or his agent if it is on private property. The person requesting a private impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck opera- tor before the operator may proceed with the impound. [1985 c 377 § 8.] 46.55.090 Storage, return requirements Personal belongings —Combination endorsement for tow truck drivers Authority to view impounded vehicle. (1) All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the ap- plication filed with the department. (2) All vehicles shall be handled and returned in sub- stantially the same condition as they existed before being towed. (3) All personal belongings and contents in thevehicle shall be kept intact, and shall be returned to the vehicle's owner or agent during normal business hours upon re- quest and presentation of a driver's license or other suf- ficient identification. Personal belongings shall not be sold at auction to fulfill a lien against the vehicle. (4) All personal belongings not claimed before the auction shall be turned over to the local law enforcement agency to which the initial notification of impoundment was given. Such personal belongings shall be disposed of pursuant to chapter 63.29 RCW. (5) After January 1, 1986, all employees who serve as tow truck drivers shall have a Washington state driver's license endorsed for vehicle combinations under RCW 46.20.440. (6) Any person who shows proof of ownership or written authorization from the impounded vehicle's reg- istered or legal owner may view the vehicle without charge during normal business hours. (1985 c 377 § 9.1 46.55.100 Impound notice Abandoned vehicle re- port Disposition report. (1) At the time of impound- ment the registered tow truck operator providing the towing service shall give immediate notification, by tele- phone or radio, to a law enforcement agency having ju- risdiction who shall maintain a log of such reports, unless the impoundment was requested by that law en- forcement agency. The initial notice of impoundment shall be followed by a written notice within twenty-four hours. (2) The operator shall immediately send an aban- doned vehicle report to the department for any vehicle in the operator's possession after the ninety-six hour aban- donment period. A3 (3) Within fifteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the dis- position of the abandoned vehicle to the crime informa- tion center of the Washington state patrol. [1985 c 377 § 10.] 46.55.110 Notice to legal and registered owners. (1) In the case of an unauthorized vehicle impounded from public property, the law enforcement agency or other public official directing the impoundment, or in the case of a vehicle impounded from private property, the im- pounding towing operator, shall notify the legal and reg- istered owners of the impoundment of the unauthorized vehicle. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, as provided by the law enforcement agency. The notifica- tion shall include the name of the impounding tow firm; its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. (2) In the case of an abandoned vehicle, within twenty-four hours after receiving information on the ve- hicle owners from the department through the aban- doned vehicle report, the tow truck operator shall send by certified mail, a notice of custody and sale to the le- gal and registered owners. [ 1985 c 377 § 11.] REDEMPTION RIGHTS AND HEARING PROCEDURES 46.55.120 Redemption of vehicles Sale of unre- deemed vehicles. (1) Vehicles impounded by registered tow truck operators pursuant to RCW 46.52.170, 46.61- .565, or 46.55.080 may be redeemed only under the fol- lowing circumstances: (a) Only the legal owner, the registered owner, a per- son authorized by the registered owner, or one who has purchased a vehicle from the registered owner, who pro- duces proof of ownership or written authorization and signs a receipt therefor may redeem an impounded vehicle. (b) The vehicle shall be released upon the presenta- tion to any person having custody of the vehicle of com- mercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such motor vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in -state banks if ac- companied by two pieces of valid identification, one of which may be required by the operator to have a photo- graph. Any person who stops payment on a personal check or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds to a towing firm that has provided a service pur- suant to this section or in any other manner defrauds the towing firm in connection with services rendered pursu- ant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorncv's fees. (2) (a) The towing company shall give to each person who seeks to redeem an impounded vehicle written no- tice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the tow and storage receipt. The towing company shall maintain a record evidenced by the redeeming person's signature that such notification was provided. . (b) Any person seeking to redeem an impounded ve- hicle under this section has a right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impound- ment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date the oppor- tunity was provided for in subsection (2)(a) of this sec- tion. If the hearing request is not received by the district court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request. the district court shall proceed to hear and determine the validity of the impoundment. (3)(a) The district court, within five days alter 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 owners of the motor vehicle in writing of the hearing date and time. (b) 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. (c) At the conclusion of the hearing, the district 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. (d) If the impoundment is found proper, the im- poundment, 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 im- poundment authorization from a private property owner or an authorized agent. (e) 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 im- poundment shall be liable for any towing, storage, or other impoundment charges permitted under this chapter. (4) Any impounded vehicle not redeemed within fif- teen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle may be redeemed any time before the start of the auction A4 upon payment of towing and storage costs. [1985 c 377 § 12.] 46.55.130 Notice requirements Public auc- tion Accumulation of storage charges. (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(2) to the registered and legal owners, the ve- hicle or hulk remains unclaimed and has not been listed as a stolen vehicle, then the registered disposer having custody of the 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 the 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 the auction. The advertisement shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three— hour public viewing period will be available before the - auction. The auction shall be held during daylight hours of a normal business day. (2) The following procedures are required in any pub- lic auction of abandoned vehicles: (a) The auction shall be held in such a manner that all persons present are given an equal time and opportu- nity to bid; (b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehi- cle. Written bids may be 3"ubmitted up to five days be- fore the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is sub- mitting the bid; (c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded; (d) The highest two bids received shall be recorded in written form; (e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid, (0 The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bid- ding site is different from the licensed office location the operator shall post a clearly visible sign at the office lo- cation that describes in detail where the auction will be held. At the bidding site a copy of the newspaper adver- tisement that lists the vehicles for sale shall be posted; (g) All surplus moneys derived from the auction after satisfaction of the tow truck operator's lien shall be re- mitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the re- mitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record within one year from the date of the auction, the surplus moneys shall be remitted to the registered owner; (h) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within thirty days sell the unclaimed abandoned vehicle to a licensed vehicle wrecker, hulk hauler, or scrap pro- cessor by use of the abandoned vehicle report —affidavit of sale, or the operator shall apply for title to the vehicle. (3) (a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(2). (b) The failure of the registered disposer to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or in- complete identifying information to the department in the abandoned vehicle report shall be considered a fail- ure to comply with these time limits if correct informa- tion is available. [1985 c 377 § 13.1 46.55.140 Operator's lien, deficiency claim, liability. (1) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid. However, the lien does not apply to personal property in or upon the vehicle that is not per- manently attached to or is not an integral part of the vehicle. The registered operator also has a deficiency claim against the last registered owner of the vehicle for services provided in the towing and storage of the behicle not to exceed the sum of three hundred dollars less the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars less the amount bid at auction, unless the impound is determined to be invalid. A registered owner who has completed the sell- er's report as provided for by RCW 46.12.101 is relieved of liability under this section. (2) Any person who tows, removes, or otherwise dis- turbs any motor vehicle parked, stalled, or otherwise left on privately owned or controlled property, and any per- son owning or controlling the private property, or either of them, are liable to the owner, operator, or driver of a motor vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the motor vehicle which does not comply with the requirements of this chapter. (1985 c 377 § 14.] RECORDS, INSPECTIONS, AND ENFORCEMENT 46.55.150 Vehicle transaction file. The registered tow truck operator shall keep a transaction file on each vehicle. The transaction file shall contain as a minimum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction: (1) A signed impoundment authorization as required by RCW 46.55.080: (2) A record of the twenty—four hour written impound notice to a law enforcement aeenCv: A5 (3) A copy of the impoundment notification to regis- tcred and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the person under whose authority the vehi- cle was impounded; (4) A copy of the abandoned vehicle report that was sent to and returned by the department; (5) A copy and proof of mailing of the notice of cus- tody and sale sent_ by the registered operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction; (6) A copy of the advertisement of public auction; (7) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale price; (8) A record of the two highest bid offers on the vehicle; (9) A copy of the notice of opportunity for hearing given to those who redeem vehicles. The transaction file shall be kept for a minimum of three years. [1985 c 377 § 15.] 46.55.160 Availability of records, equipment, and fa- cilities for audit and inspection. Records, equipment, and facilities of a registered tow truck operator shall be available during normal business hours for audit or in- spection by the department of licensing, the Washington state patrol, or any law enforcement agency having ju- risdiction. [1985 c 377 § 16.] 46.55.170 Complaints, where forwarded. (1) All law enforcement agencies or local licensing agencies that re- ceivc complaints involving registered tow truck operators shall forward the complaints, along with any supporting documents including all results from local investigations, to the department. (2) Complaints involving deficiencies of equipment shall be forwarded by the department to the state com- mission on equipment. [1985 c 377 § 17.] JUNK VEHICLE DISPOSITION 0 46.55.230 Junk vehicles —Certification, notifica- tion, removal, sale. (1) Notwithstanding any other provi- sion of law, any law enforcement officer having jurisdiction or any person authorized by the director may inspect and certify that a vehicle meets the require- ments of a junk vehicle. The person making the certifi- cation shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of the scrap in it. (2) The law enforcement officer or department repre- sentative shall provide information on the vehicle's owner to the landowner. (3) Upon receiving information on the vehicle's owner, the landowner shall obtain a junk vehicle notification form from the department. The landowner shall send by certified mail, notification to the registered and legal owners shown on the records of the department. The no- tification shall describe the redemption procedure and the right to contest the sale of a junk vehicle in a district court hearing. (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the owner, the landowner may sign an affidavit of sale to be used as a title document. (5) If no information on the vehicle's owner is found in the records of the department, the landowner shall place a legal notice of custody and sale in a newspaper of general circulation in the county. The newspaper no- tice shall include (a) the description of the vehicle; (b) the address of the location of the junk vehicle; (c) the date by which the owner must redeem the vehicle; and (d) a telephone number where the landowner can be reached. If the vehicle remains unclaimed more than twenty days after publication of the notice, the land- owner may sign an affidavit of sale to be used as a title document. (6) The landowner of the property upon which the junk vehicle is located is entitled to recover from the ve- hicle owner any costs incurred in the removal of the junk vehicle. (7) For the purposes of this section, the term "land- owner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property. [1985 c 377 § 23.1 r LOCAL REGULATION 46.55.240 Local ordinances Requirements. (1) A city, town, or county that adopts an ordinance or resolu- tion concerning unauthorized, abandoned. or impounded vehicles shall include the applicable provisions of this chapter. (a) A city, town, or county may, by ordinance. au- thorize other impound situations that may arise locally upon the public right--of--way or other publicly owned or controlled property- (b) A city, town, or county may, by ordinance, pro- vide for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of redemption the legal or registered owner re- quests a hearing on the validity of the impoundment. If the municipal ordinance directs the release of an im- pounded vehicle before the payment of the impoundment charges, the municipality is responsible for the payment of those charges to the registered tow truck operator within thirty days of the hearing date. (c) The hearing specified in RCW 46.55.120(2) and in this section may be conducted by an administrative hearings officer instead of in the district court. A deci- sion made by an administrative hearing officer may be appealed to the district court for final judgment. (2) A city, town, or county may adopt an ordinance establishing procedures for the abatement and removal as public nuisances of unauthorized junk motor vehicles or parts thereof from private property. Costs of removal may be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner A6 can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has com- plied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored. (3) Ordinances pertaining to public nuisances shall contain: (a) A provision requiring notice 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 re- quested, the vehicle or automobile hulk will be removed; (b) A provision requiring that if a request for a hear- ing 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 nui- sance 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 vehi- cle is in such condition that identification numbers are not available to determine ownership: (c) A provision that the ordinance shall not apply to (i) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not vis- ible from the street or other public or private property or (ii) 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: (d) A provision that the owner of the land on which the vehicle is located may appear in person at the hear- ing or present a written statement in time for considera- tion at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. if it is determined at the hearing that the ve- hicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or other- wise attempt to collect the cost from the owner; (c) A provision that after notice has been given of the intent of the city. town, or count}, to dispose of the vehi- cle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and the department of licensing that the ve- hicle has been wrecked. The city, town, or county may operate such a disposal site when its governing body de- termines that commercial channels of disposition are not available or are inadequate, and it may make final dis- position of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap. (4) A registered disposer under contract to a city or county for the impounding of vehicles shall comply with any administrative regulations adopted by the city or county on the handling and disposing of vehicles. [1985 c 377 § 24.1 A7 Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOIVISH, SUMMARY OF NO. The undersigned, being first duly sworn on oath deposes and says ANOORDINANCE THE CITY OF EDMONDS that she is Principal Clerk of THE HERALD, a daily newspaper WASHSECTIONS N, REPE 1.0 0 B0 - THROUGH 8-50.080 OF THE printed and published in the City of Everett, County of Snohomish, CODE N ADDING KNEW sEcrioN6 8.50.010 and State of Washington; that said newspaper is a newspaper of THROUGH 8.50.030 11NAUTNI ZEpNDOANNDi�, general circulation In said ' County and State; that said newspaper JUNK MOTOR MENDING SE TloS• AECTI01� has been approved as a legal newspaper by order of the Superior 8.50.200 OF THE EDMONDS PENALTY PEROVISONS Court of Snohomish County and that the notice ........................................ FOR VIOLATIONS SECREF; AMENDING ON 4. 10. 30 OF THE EDMONDS CITY CODE 7-0 SLH ARY OF ORDINANCE NO. 2592 REQUIREINSIMAH— ...................................................................................................................................... oes as follows: I. Repeals Sections iugh 8.50.080. Ichdadonew several contained In RCW lrence. Icddsa�orizesctian ie hearing officer to ,ses arising under Adds a new Section ,no ,ernine. va?9othe ff unauthor• vehicles or Darts dul"Y or an and shall be a maxlnuun ^ nvn o. Amends Section 4.iU:031fTk a ae e.- ,---- - —mains a severa. biRfRP75-7-slon. Section 8. Requires the City Cler o nintain a COPY of the state statutes odoptedby refer. ence for public use and exams- nation. Sectlon 9. Approves this 'surnmar o d sets on effective date forthis ordinance of 30 days from the (late of the summary's pubiicaf)on, The full text of this ordinance wIII �be milled without charge to anyone who submits a written request to the City Clerk r the City o1 Edmonds for a copy of the text, APPROVED BY THE CITY COUNCIL at (heir meeting of Dcrember 9 1986. JACQUELINE G. PARRETT Published: spec, 14, 1986, a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: DECEMBER 14th, 1986 ...................................................................................................................................... .............................. ........................................................................................................ and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this...... 15th ............. day of .... `DECEMBER ...,.. 19.86... t.......i:...:..L...�.::..�: .....:....4.....:C�.:: ��-:..` •-� �......... / ....... ............... jNotaryiPublic in and for the State of Washington, residing at Everett, Snohomish County. B-2-1