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Home My WebLink AboutORD 5129Amends Ord:3175,3853, 4496, 4675, 4723,4792 CITY OF RENTON,W ASlDNGTON ORDINANCE NO.5129 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 6-1,ABANDONED VEmCLES,OF TITLE VI (pOLICE REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON"BY OUTLAWING JUNK VEmCLES ON PRIVATE REAL PROPERTY,REVISING ABATEMENT PROCEDURES,AD»ING DEFINITIONS,DECLARING CERTAIN VIOLATIONS A MISDEMEANOR,ESTABLISHING A PROCEDURE FOR HANDLING THE ABANDONMENT OF VEmCLES OR JUNK VEmCLES FROM PUBLIC PROPERTY,PROVIDING A STATEMENT OF LEGISLATIVE· PURPOSE,AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON,WASlDNGTON,DOES ORDAIN AS FOLLOWS: SECTIONL Chapter 6-1,Abandoned Vehicles,of Title VI (police Regulations) of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: CHAPTER 1 JUNK VEillCLES OR ABANDONMENT OF VEillCLES SECTION: 6-1-1 :Purpose 6-1-2:Definitions 6-1-3:Junk Vehicle Or Vehicle Hulks On Private Property Regulated 6-1-4:Abandonment of Vehicle Or Vehicle Hulks On Streets,Highways Or City Property Regulated 6-1-5:Severability 6-1-1:PURPOSE: 1 ORDINANCE NO.5129 The purpose ofthis chapter is to preserve the health,safety,welfare,and character ofthe City's neighborhoods and to reduce blight by eliminating as nuisances,junk vehicles from private property,and to provide procedures for the removal ofjunk vehicles as authorized by RCW 46.55.240 and RMC 1-3-3.G,as now worded or hereafter amended.It is a further purpose ofthis chapter to provide a procedure for handling the abandonment of vehicles or vehicle hulks from public property. 6-1-2 DEFINITIONS: DISMANTLED:A vehicle that is in parts or pieces such that it IS apparently inoperable or unable to be lawfully operated upon public roads or highways. INOPERABLE:A vehicle that is apparently not functioning or is inoperative or cannot be lawfully operated upon public roads or highways. JUNK VEHICLE:A vehicle that meets at least three ofthe following requirements:(1) a vehicle that is three years old or older;(2)a vehicle that 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;(3)a vehicle that is apparently inoperable;(4)a vehicle that has an approximate fair market value equal only to the approximate value of the scrap in the vehicle's current condition,or (5)evidence of inoperability or damage that includes,but is not limited to any buildup of debris that obstructs use,or a flat or missing tire or tires,or a nonfunctional motor or transmission,or missing bumpers,or missing license plates,or expired vehicle license plate tabs. LANDOWNER:A legal owner or owners of private real property,or a person in possession or control of private real property. 2 ORDINANCE NO.5129 MAINTAINor MAINTENANCE:To hold Of keep in an existing state or condition, or keep in existence or continuance. RETAIN or RETENTION:To continue to hold,have,keep,own,possess,or to exercise dominion or exercise control over. STORE or STORAGE:To place,accumulate,or leave in a location. VEIDCLE:RCW 46.04.670 is hereby adopted by reference,as now worded or hereafter amended,as if fully set forth herein,and shall apply to the interpretation and enforcement of this Chapter. VEIDCLE HULK:Any part or portion of the body or chassis of a vehicle that is apparently inoperable or unable to be lawfully operated upon public roads or highways. WRECKED:A vehicle or vehicle hulk,or any part thereof that is disabled,destroyed, apparently inoperable,or extensively damaged. 6-1-3:JUNK VEIDCLE OR VEIDCLE HULKS ON PRIVATE PROPERTY REGULATED: A.It shall be unlawful to store,maintain,keep or retain:a junk,wrecked,dismantled or an apparently inoperable vehicle,vehicle hulk,or any part thereof,on private real property in the City ofRenton. B.The storage,maintenance or retention of junk,wrecked,dismantled or an apparently inoperable vehicle,vehicle hulk,or any parts thereof,on private real property in the City is hereby declared to be a public nuisance in accordance with this Chapter and RMC 1-3-4, as now worded or hereafter amended,and may be abated in accordance with this Chapter and RMC 1-3-3.G,as now worded or hereafter amended. C.Abatement Costs:Costs of abatement and removal of junk,wrecked,dismantled or an apparently inoperable vehicle,vehicle hulk,or parts thereof,from private real property in 3 ORDINANCE NO.5129 the City may be ftrst assessed against the last registered owner of the vehicle,vehicle hulk,or any parts thereof,if the identity of such owner can be determined,unless such vehicle owner in the transfer of the ownership of such vehicle or vehicle hulk:has complied with RCW 46.12.101, or second,the costs may be assessed against the landowner on which such vehicle,vehicle hulk, or any parts thereof is stored,provided that said vehicle,vehicle hulk,or any parts thereof,is stored,maintained,kept or retained with the landowner's permission or acquiescence and shall constitute a lien thereon. D.Notice:Before the abatement or removal of a junk,wrecked,dismantled or an apparently inoperable vehicle,vehicle hulk,or any parts thereof,notice shall be given by the Police Chief or his or her designee to the last registered vehicle owner and legal vehicle owner of record,if the identity of such owner can be lawfully determined,and the landowner of real property upon which such vehicle or vehicle hulk or any parts thereof is located,that a public hearing may be requested before the Hearing Examiner of the City,by mailing a copy of the notice by certifted mail,return receipt requested,to the last known address of the vehicle's last registered and legal owner and landowner of real property on which the vehicle,vehicle hulk or any parts is located,or by personal service upon said owners,and if no hearing is requested within twenty-one (21)days from the date of mailing or personal service,the vehicle,vehicle hulk:or any parts thereof may be removed and abated in accordance with this Chapter and RMC 1-3-3.G. E.Request for Hearing:If a request for hearing is received by the Hearing Examiner, a notice giving the time,location and date of such hearing on the question of the abatement and removal of such vehicle,vehicle hulk:,or any parts thereof,as a public nuisance shall be mailed by certifted mail with a return receipt requested,to the landowner of the real property as shown 4 ORDINANCE NO.5129 on the King County tax.assessment roll and to the last registered owner and legal owner of record of such vehicle,vehicle hulk,or any parts thereof:unless the vehicle is in such condition that identification numbers are not available to determine ownership. F.Testimony:The applicant for hearing may either appear in person at such hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land,with his or her reasons for such denial.If it is determined at the hearing that the vehicle,vehicle hulk,or any parts thereof was placed on the land without the consent of the landowner,and that the landowner has not subsequently acquiesced in its presence,then the Hearing Examiner shall not assess costs of administration or removal of the vehicle,vehicle hulk or any parts thereof against the landowner of the real property upon which the vehicle,vehicle hulk or any parts thereof is located or otherwise attempt to collect such costs from the landowner. G.Disposal:After notice has been given by the Police Chief of the City or his or her designee,of the intent of the City to abate the vehicle,vehicle hulk,or any parts thereof:and no request for a hearing is received,or a hearing is held and the Hearing Examiner orders the vehicle,vehicle hulk,or any parts thereof removed,the said vehicle,vehicle hulk or parts thereof shall be removed from private real property by the Police Chief or his or her designee and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State of Washington Department of Licenses. H.Exceptions:This Chapter shall not apply to:1)a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private real property,or 2)a vehicle or part thereof which is stored or parked in a lawful manner on private real property zoned for and in connection with the business of a 5 ORDINANCE NO.5129 licensed dismantier or licensed vehicle dealer and is fenced according to RCW 46.80.130,or 3)a vehicle or part thereof which is stored or parked in a lawful manner on private real property in an area zoned for and in connection with the business of a licensed auto body repair shop or facility. I.Removal by Landowner:Nothing in this Section shall be construed to prevent any landowner or the person in control of real property,except City property,from immediately removing a vehicle,vehicle hulk,or any parts thereof,which was left on such property without the landowner's permission,irrespective of any time limits specified elsewhere in this Chapter, by means of towing or otherwise,to a garage designated by the Police Department;provided, that the Police Department shall be notified one hour prior to the removal of such a vehicle, vehicle hulk,or any parts thereof J.Penalties:Any person violating RMC 6-1-2.A shall be guilty of a misdemeanor. Penalties for any violations of any of the provisions of this Section shall be in accord with RMC 1-3-1. 6-1-4 ABANDONMENT OF VEmCLE OR VEmCLE HULKS ON STREETS,mGHWAYS OR CITY PROPERTY REGULATED: A.Abandonment of Vehicle or Vehicle Hulks on Streets,Highways or City Property Prohibited:No person shall abandon any vehicle or vehicle hulk as hereinabove defined on any street,highway or City property.Any such vehicle or vehicle hulk is hereby declared to be a public nuisance which shall be removed in accordance with this Chapter. B.Presumption of Responsibility of Owner of Record for Abandonment:Any costs incurred in the removal of such vehicle or vehicle hulk may be assessed against the last registered owner of the vehicle or vehicle hulk if the identity of such owner can be determined, 6 ORDINANCE NO.5129 unless such owner in the transfer of such vehicle or vehicle hulk has complied with section 46.12.101 RCWand shall constitute a lien thereon. C.Impoundment After Posted Notice:It shall be the duty of the Chief of Police to remove any abandoned vehicle or vehicle hulk:,parked or left on any street,highway or City property as hereinabove defined after notice of removal,indicating his or her authority to impound,has been posted on the vehicle or vehicle hulk for a period of not less than twenty four (24)hours,and no claim has been made by the owner,or on his behalf,during the twenty four (24)hour posting period.Such vehicle or vehicle hulk shall be removed by any tow truck operator or as the City may otherwise determine,and in case of a tow truck operator,such abandoned vehicle or vehicle hulk shall be stored at the established place of business of such operator and he shall have a lien upon such vehicle or vehicle hulk for all services provided in the towing and storage of the same,and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same.See also Renton Municipal Code Section 10-5-2. D.Charge on Violation:The removal or impound of a vehicle from any street, highway or property shall not preclude charging the violator with any violation of the law on account ofwhich such vehicle was impounded. E.Reporting Procedure:The tow truck operator,or if none,the Chief ofPolice,shall complete the required reporting and/or notifications as provided in section 46.90.345 RCW. F.Disposition and Sale:Disposition and sale of an abandoned vehicle or vehicle hulk shall be as provided in RCW 46.55.120(4),RCW 46.55.130 orRCW 46.90.375. 6-1-5 SEVERABILITY: 7 ORDINANCE NO.5129 If any provision of this Chapter or the application thereof to any person or circumstances is held invalid,the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTIONH.There is hereby declared an emergency and this ordinance shall take effect immediately upon adoption. PASSED BY THE CITY COUNCIL this 14 th day of__J.!.l.Maa...rl.-lc~b..l--__--"2005. Bonnie I.Walton,City Clerk APPROVED BY THE MAYOR this 14th day of M_a_r.....;;c_h -.>,2005. ~~~-tAJ~ Kathy K er-Wheeler,Mayor Approved as to fonn: £~~~ Lawrence J.Warren,~mey : Date ofPublication:3/18/2005 (s urrunary ) ORD.1167:2/l0105:ma 8