HomeMy WebLinkAboutORD 2565 � .
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p ORDINANCE NO. ,��
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
� PROHIBITING THE ABANDONMENT OF MOTOR VEHICLES ;
+ RESTRICTING THE DISPOSITION OR KEEPING OF WRECKED,
� -�' JUNKED, NON-OPERATING OR DISCARDED vEHICLES ON �
� ` STREETS , ALLEYS , AND PRIVATE PROPERTY; PROI7IDING �
FOR THE IMPOUNDING OF CERTAIN VEHICLES AND THE
RECLAIMING THEREO�', AND IMPOSING PENALTIES FOR THE.
VIOLATION THEREOF. � '
� WHEREAS in the City of Renton, Washington, vehicles are or may in
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the future be abandoned on public streets , alleys and thoroughfares , as '
well as on private properties , and
WHEl�AS there are , or may in the future, be dismantled or partially
ciisi7i.antled, wrecked, junked, non-operating or discarded vehi.cles , left
within the aforedescribed areas other than in properly licensed wrecking
and junk yards , and
WHEREAS such conditions tend to impede traffic in the streets , '�
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constitute a blight to the neighborhood, interfere with the enjoyment �
of and reduce the enjoyment of public and private property , invite �
plundering, pilfering and larceny. , create and constitute fire hazards �
and other safety and health hazards to children as well as adults ,
interfere with the comfort and well-being of the public, and constitute
generally a health menace and tend to and aid in the creation, extension
and aggravation of urban blight and depreciation of property values , and
WHEREAS adequate protection of the public health, safety and
welfare requires that such conditions be regulated, abated or prohibited ,
NOW THEREFORE
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
'� RENTON, WASHINGTON, AS FOLLOWS :
� SECTION I : The above findings and recitals are hereby found to
be true and correct and same are hereby adopted as the express findings
of this legislative body.
SECTION II : The following definitions shall apply in the inter- ,
pretation and enforcement of this Ordinance : '
a) Person: Any person, firm, partnership , association, corp-
oration, company or organization of any kind.
b) Vehicle : A machine propelled by power other than human power
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designed to travel along the ground by use of wheels , treads , runners ,
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or slides and transport persons or property or pull machinery and
shall include , without limitation, automobile , truck, trailer,
motorcycle , tractor, buggy and wagon.
c) Street or Highway: The entire width between the boundary
lines of every way publicly maintained or usually traveled upon by
the general public, when any part thereof i.s open to the use of the
public for purposes of vehicular travel. I
d) Property: Any real property within the City or any City
property within or without the cor�orate limits which is not a street
or highway.
e) Chief of Police : The Chief of Police of the City of Renton
or his authorized representative.
f) Abandoned ilehicle: An "abandoned vehicle" shall mean any
highway,
vehicle left within the limits of any street ,�alley or public
thoroughfare or upon the property of another without the consent o�
the owner of such property for a period of twenty four (24) hours
or longer, except that a vehicle shall not be considered abandoned I
if its owner or operator is unable to remove it from the place where
it is located and so notified law enforcement officials in a prompt
manner and requests assistance for such removal.
g) Abandoned automobile hulk : Shall maan the abandoned
remnant or remains of a motor vehicle �ahich is inoperative and
cannot be made mechanically operative without the addition-� vital
parts or mechanisms and the application of a substantial amount of
labor to effect repairs .
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SECTION III :
A) Impounding o.f vehicles on Private Property: Whenever
any owner or person having possession or contrel of real property
within the City of Renton finds a vehicle standing upon such property
without his consent, he is authorized to have such veh�cle removed
from such property and stored or held for its owner. Anytowing firm
II providing such removal service shall promptly report the fact of a
vehicle impound, together with the license number, make, year and
place of impound of such vehicle to the appropriate law enforcement
agency and shall post the authorized charges therefor prominently
at its place of business , and the charges and costs incurred in the
removal for any such vehicle as aforementioned, shall be paid by such
vehicle' s owner, and shall be and constitute a lien upon said vehicle
until paid in full ; said lien may be enforced as otherwise provided
by law for the enforcement of towing or storage liens , or liens
generally.
B) Presumption of Responsibility of Owner of Record for
Abandonment. The abandonment of any vehicle or automobile hulk
shall consiitute 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 such motor
vehicle or automobile hulk. A registered owner who has complied with
the requirments of Section 42 of the Extraordinary Session Laws of
1969 , Chapter 281, in the transfer of ownership of the vehicle or hulk, ,
shall be relieved of liability under this Section.
SECTION IV :
A) Abandonment of Vehicles and Hulks : No person shall
abandon any vehicle or automobile hulk as hereinabove defined �aithin
the City of Renton, and no person shall leave any vehicle or hulk at
any g�ace within the City, whether on City or private property, for
such time and under such circumstances as to cause such vehicle
reasonabl� to ap�ear to have been abandoned. Such vehicle or automobile ;
hulk shall be presumed to have been abandoned which remains in the same ;
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position for a period of twenty four (24) hours , or longer.
B) After a written notice to remove such abandoned vehicle
or hulk has been posted upon same , and no person has appeared to show
good cause �hy such vehicle should not be removed within twenty four
(24) hours after such notice has been posted, then such abandoned
vehicle or hulk shall be and constitute a nuisance.
C) The provisions of this Section shall not apply to
vehicles housed or contained in a publicly licensed wrecking or
junk yard in accordances with the ordinances , rules and regulations
of the City of Renton governing same , nor to any 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 property.
SECTION V : IMPOUNDING: It shall be the duty of the Chief of
Police or his duly authorized representative to remove any abandoned
vehicle or abandoned hulk , as hereinabove defined, after notice to
remove has been posted and no claim has been made by the owner or
on his behalf. Such vehicle or 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 automobile hulk
shall be stored at the established place of business of such operator
and he shall have a lien upon suchvehicle or hulk for all services
provided in the towing end storage of the same , and shall also have
a claim against the last registered owner of such vehicle or hulk
for services provided in the towing and storage of the same , not to
exceed the sum of $100 . 00 , or as otherwise provided for in this
Ordinance.
of
Within five (5J days after receip-t/ custody of such
abandoned vehicle or automobile hulk, the tow truck o�erator shall I
give notice ofhis custody to the Department of Motor vehicles and
the Chief of the Washington State Patrol and within five (5 ) days
' after having received the name and address of the owner, he shall
notify the registered legal owner of the same with copies of such
notice being sent to the Chief of the Washington State Patrol,
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Department of Motor Vehicles , and the Police Chief of the City of
Renton. The notice to the registered and legal owner shall be sent
by the Tow truck operator to the last known address of said or�rner
appearing on the records of the Department of Motor Vehicles and such
notice shall be sent to the registered and legal owner by certifi.ed
or re istered mail with a five-da (5 ) return recei t re uested.
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Such notice shall contain a description of the vehicle or hulk
including its license number, and/or motor number, if obtainable ,
and shall state the amount clue the tow truck operator for services
in the towing and storage of the same and the time and place of public
sale if the amount remains unpaid , and as otherwise provided for in
RCW 46 . 52.
If, after the expiration of fifteen (15 ) days from the date
of mailing of notice to the registered and legal owner , the vehicle
or automobile hulk remains unclaimed and has not been listed as a
stolen or recovered vehicle , then the tow truck operator having
custody of such vehicle or hulk shall conduct a sale of the same at
public auction after having first published a notice of the date ,
place and time of such 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 such auction. Such auetion and the dispc�ition
of such abandoned vehicles or automobile hulks shall be governed by
the provisions of Chapter 46 . 52 RCW (Chapter 42 of the First Extra-
ordinary Session Laws of 1969 ) .
SECTION VI : ALTERNATE PROCEDURE - IMPOUNDING BY CITY. Any
abandoned vehicle or automobile hulk i.mpounded by the Chief or Poli.ce ,
or his duly authorized representative as hereinabove set forth which '
is left unclaimed for a period of fifteen (15 ) days shall be and
constitute an abandoned vehicle and at the expiration of such fifteen (15) ,
day period, such vehicle or hulk shall be deemed to be in the custody
of the sheriff of the county where such vehicle is located; the
sheriff shall thereupon deliver the vehicle to a tow truck operator
who shall dis ose of same in the manner provided for in Sections III
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and V hereinabove ; PROVIDED HOWEVER, that if the vehicle is of a
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model ten (10 ) or more years prior to the calendar ear in which
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, such vehicle is stored, the sheriff shall have the authority to
declare that such vehicle is a public nuisance and may dispose of
same without notice of sale , and in such case , the Director of
, Motor Vehicles shall issue an appropriate Bill of Sale to the tow
truck operator to dispose of the vehicle as he may determine. I
' Upon the impounding of a vehicle by the Chief of Police
or his duly authorized representative and prior to delivery thereof
unto the Sheriff of King County, the Chief of Police , or;�:his duly
authorized representative shall :
A. Make a diligent inquiry as to the name and
address of the legal or regi-stered owner of
such vehicle , and give written notice to the
last registered owner of record and the
property owner of record that a public hearing
may be requested before the governing Bo�dy� . of
the City, and that if no hearing is requested
within a period of fifteen C15 ) da s from the
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date of such written notice , then such
abandoned vehicle or automobile hulk will be �
turned over to the custody of the sheriff of �i
King County or as otherwise provided by law.
timely
� B. If the City receives a/request for a hearing
as provided -for in the immediately preceding
subparagraph, then the Chief of Pol-�c� or his
duly authori�zed representative shall promptly
�, give notice in writing to the party or parties
entitled to such notice , the time , location and
date of such hearing , regarding the question of
abatement and removal of such abandoned vehicle
or hulk as a ublic nuisance. Such
p notice shall
be mailed by certified or registered mail, with
a five (5) day return requested, to the last
registered and legal owner of record unless the •
vehicle is in such condition that identification
numbers are not available to determine ownership ,
and a copy of said notice to the owner of the
land as shown on the last equalized assessment roll.
C. The owner of the land on which the abandoned �
vehicle or automobile hulk is located may
appear in person, or by his representative ,
at the hearin or resent: �.. written statement
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at or prior to the hearing, denying responsibility
for the presence of the vehicle on the land and
his reasons for such denial. If it is duly I
determined at the hearing that such vehicle or
hulk was placed on the land without the consent
of the owner thereof, and that the owner has
not subsequently acquie�d in its presence ,
then the City shall not assess any cost of
administration or removal of the vehicle or hulk
against the property owner or his property;
presence of such abandoned vehicle or automotive
hulk on the owner' s premises for a period of
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fifteen (15 ) days or more shall be prima
facie evidence that the or,�ner acquieseed
in such presence.
D. After notice has been give� as hereinabove
set forth to dispose of such vehicle or
automotive hulk, and after a hearing , if
requested, has been held, then the vehicle
or parts thereof shall be removed and
disposed of to a licensed tow truck or
auto wreeker with notice to the Washington
State Patrol and the Department of Motor
Vehicles of such action.
In case of timely redemption of a vehicle or automotive
hulk impounded under the provisions of this Ordinance by the owner
or person entitled thereto , then such vehicle or hulk shall be
released upon payment of all costs due and owing at the time the
application to redeem is made and upon submission of proper evidence
of the ownership or interest of the claimant in and to such vehicle.
SECTION IIII : SEVERABILITY CLAUSE: The invalidity of any
Section, clause or provision or part or portion of any Section, clause
or provision of this Ordinance shall not affect the validity of any
ot•her portion of this Ordinance.
SECTION VIII : REPEAL OF OTHER ORDINANCES : All Ordinances or
parts of Ordinances in conflict here�rith be and the same are hereby
repealed, including Chapter 13 of Title XCTraffic of Ordinance No. 1628) .
SECTION IX: Any violation of this Ordinance shall be punishable ,
upon conviction thereof, by a fine not to exceed Five Hundred Dollars
($500 . 00 ) or imprisonment in the city jail not to exceed ninety days
(90) or by both such fine and imprisonment.
SECTION X: This Ordinance shall be in full force and e�fect
after its passage , approval and legal publication.
_ PASSED BY THE CITY COUNCIL this llth day of May , 1970 .
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Helmie Nelson, City Clerk
APPROVED BY THE MAYOR this llth day of Ma,y � 1970 .
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I�Ia�n_.,,_,. _�..� T
Pro.�Temlert, ouncil President
Appr d as to f m• y � Date of Publication: May 15, 1970
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Gerar�c� M. She7�'1'an," �`�ty Attorney
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