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HomeMy WebLinkAboutORD 3175 • �, • . � , � . , s .� i■ �t , , . ' . � REF� ALS ORD. 2565 � � � - AMENDED BY ORD 4351 ` 4496, 479� CITY OF RENTON, WASHINGTON . 5129 - ORDINANCE N0. 3175 AN ORDINANCE OF THE CITY OF RENTON, inlASHINGTON, AMENDING CHAPTER 23 OF TITLE VT (POLICE REGULATIONS) OF. ORDINANCE N0. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF' THE CITY OF RENTON, WASHINGTON" RELATING TO ABANDONED VEHICLE REGULATIONS THE CITY COUNCIL OF THE CITY OF RENTON, WAS'EINGTON, DO ORDAIN AS FOLLOWS : SECTION I: Existing Chapter 23 of Title VI (Police Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as -- -- - foll_v_ws '- ---- �-- --- - �- --- - - - - -- - -- --�- - ,{ CHAPTER 23 � _ ABANDONED VEHICLE REGULATION5 ,. � 6-2301 : DEFINITIONS . �+ � , ' 6-2302 : ABANDONED VEHICLE OR VEHICLE HULKS ON PRIVATE PROPERTY. 6-2303 : ABANDONED VEHICLES OR VEHICLE HULKS ON STREETS , HIGHj�lAY5 , OR CITY PROPERTY. 6-2304 : SEVERABILITY. 6-2305 : EXISTING OR�INANCE REPEALED. 6-2301 : DEFINITION5 : The following definitions shall apply in the interpretations and enforcement of this Chapter. Person: Any person, firm, partnership, association, corporation, company, or organization of any kind. Vehicle: A machine propelled by power other than human power designed to travel along the ground or rail by use of wheels , treads , runners or slides and transport persons or property or pull machinery and shall include, , without limitation, automobile, truck, trailer, motorcycle , tractor, buggy, wagon or locomotive. Street or Highway: Every way, lane , alley, road, high�aa_y, boulevard, right of way, or place in the City, including parkways , and boulevards within or without the limits of parks , open as a matter of right to public vehicular travel. ' Property: Any real property within the City or any City I property within or without the corporate limits which is not a street or highway. Chief of Police: The Chief of Police of the City of Renton or his authorized representative. Director of the Public Works : The Director of Public �aorks of the City of Renton or his authorized representative. Park or Leave: Means the halting ot an unoccupied vehicle , or vehicle hulk. Abandoned Vehicle : Means any vehicle lef_t unremoved within the lirnits of any street, highway, or City property without permission of the City, for a period of twenty-four (24) hours or longer , except that a vehicle shall not be con- sidered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies the Chief of Police within said twenty-four- (2a) hour lir_Zit , ' •. • �. : � . - .. r ' . ' -�- , � � _and requests assistance for such removal; further, provided, that an "abandoned vehicle°' shall mean any vehicle left on the property of another, except City property, for any , period of time, without the consent of the owner or person having possession or control of the real property. Abandoned Vehicle Hulk or Junk Vehicle: Shall mean the abandoned remnant or remains of a vehicle which is inop- erative and cannot be made mechanically operative without the application of a substantial amount of labor to ef.fect repair, and which is parked, left, stored or retained on any street, highway, or property, for any period of time . 6-2302 : ABANDONED VEHICLE OR VEHICLE HULKS ON PRIVATE PROPERTY REGULATED: ' (A) The storage or retention of abandoned, wrecked, dis- mantled or inoperative vehicles or vehicle hulks on private property in the City of Renton is hereby declared to be a public nuisance which shall be abated and removed in accordance with this Chapter. (B) Costs of_ abatement and removal of such vehicles mav be assessed against the last reqistered owner o�' the vehicle or vehicle hulk if the identity of such owner can be determined, unless such owner in the transfer of such vehicle or vehicle hulk has complied with Section 46. 12 . 101 RCGa, or the costs may be assessed against the owner of the real property on which the I vehicle is stored, provided that said vehicle or vehicle hulk is stored with the land owner's permis- sion or acquiescence, and shall constitute a lien thereon. (C) Before the abatement or removal of such vehicle or vehicle hulk, notice shall be given to the last registered owner of record that a public hearing ma_y be requested before the Director of Public [aorks of the City of Renton, and if no hearing is requested within ten days , the vehicle or vehicle hulk will be removed and abated and the cost thereof assessed in accordance with the ordinance. (D) If a reguest for hearing is received bv the Director of Public Works , a notice giving the time , location, and date of such hearing on the question of the abatement and removal of such vehicle or vehicle hulk as a public nuisance shall be mailed by certifiec� or registered mail with a five-day return requested, to the owner of the real pronerty as shown on the last equaiized assessment roll and to the last registered owner and legal owner of record of such vehicle or hulk, unless the vehicle is in such condition that identification numbers are not available to determine ownership. I (E) The applicant for hearing may appear in person at such I . , , . : , , - r � -3-- ' . • ' ti - � hearing, or present a written statement in time for consideration at the hearing, and either deny respon- sibility for the presence of the vehicle on the land with his reasons for such denial or stipulate to its removal within ten days , or its return to an opera- tional status within thirty days of said hearing. If it is determined at the hearing that the vehicle or vehicle hulk was placec� on the land without the consent of the landowner, and that he has not subsequently acquiesced in its presence, then the Director of Public Works shall not assess costs of administration or removal of the vehicle or vehicle hulk against the real property upon which the vehicle is located or otherwise attempt to collect such costs from said landowner. (F) ' After notice has been given by the Director of Public Works of the City of Renton to dispose of a vehicle ' or vehicle hulk, the said vehicle or vehicle hulk or part thereof_ shall be removed from private property � by the Chief of Police and disposed of to a licensed auto wrecker with notice to the [aashington State Patrol and the State of Washington Department of Licensing that such vehicle or vehicle hulk has been wrecked. � (G) The City of Renton shall within thirty days a.fter the removal by the Chief of Police of an abandoned, wrecked, dismantled, or inoperative vehicle from real property, file for recording with the Count_y Auditor a claim of lien for the cost of removal, which shall be substantially in accordance with the provisions ' covering mechanic ' s liens in Chapter 60 . 04 RCtn1, and said liens shall be foreclosed in the same manner as such liens . (H) This Chapter shall not apply to (a) a vehicle or part thereo.f which is completely enclosed within a building where it is not visible from the street or other public or private property, or (b) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business as a licensed dismantler or licensed dealer fenced according to its provisions of RCW 46 . 80 . 130. (I) Nothing in this section shall be construed to prevent an_y real property owner or the person in control of real property, except city property, from immediately removing a vehicle or vehicle hulk which was left on such property without the owner' s permission, irre- spective of any time limits specified elsewhere in this Chapter, by means of towing or otherwise to a garage designated by the police department; provided, I that the police department shall be noti.fied one (1) hour prior to the removal of such a vehicle or vehicle hulk. , .. • ' , - - . : . . � ' '-4�-- , : . 6-2303 : :ABANDONED VEHICLE OR VEHICLE HULK ON STREETS, HIGHTnTAYS, 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 herein- above 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 abated and removed in accordance with the Chapter. (B) Presumption of Responsibility of Owner of Record for , Abandonment: Any costs incurred in the abatement and ' removal of such vehicle or vehicle hulk may be assessed against the last registered owner of the vehicle or vehicle hulk if the identity o.f_ such owner can be determined,unless such owner in the transfer of such vehicle or vehicle hulk has complied with section 46 . 12 . 101 RCW, and shall constitute a lien thereon. (C) Impoundment after Posted Notice: It shall be the duty of the Chief o.f Police to remove any abandoned vehicle or vehicle hulk, parked or left on an_y street, high- way or city property as hereinabove defined, after notice to remove 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 behal.f, during the twent_y-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 towinq and storage of the s�me, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the owing ancl storage of the same not to exceed the sum of one hundred dollars ($100 . 00) , or as other- wise provided in this chapter, or by state law. (D) The removal or impounc� of a vehicle from any street, highway, or property shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. (E) Reporting Procedure: The tow truck operator, or if none the Chief of Police shal c - , , 1 omplete the re quired reporting and/or notifications as provided in Section 46 . 90 . 350 RCW. (F) Disposition and Sale: Disposition and sale of an abandoned vehicle or vehicle hulk shall be as provided in Section 46 .90 . 355 RCW or Section 4'�" . 90 . 375 RCW. �, -� • �' , • '• . ' ' ` '� J: •. s , + . - -5= . - ' .6-2304 : SEVERABILITY: If an�j 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 cir- cumstances shall not be affected therebv. b-2305 : EXISTING ORDINANCES REPEALED: Ordinance number 2565 and all amendments thereto, and all other ordinances or parts thereof, insofar as the same are inconsistent with the provisions of this chapter, are hereby repealed. This ordinance shall be ef.fective upon its passage, approval, and upon five (5) days after its publication. i Passed by the City Council this 21st day o.f November 1977 . Delores A. Mead, Ci y Clerk Approved by the Mayor this 21st day of NoVember 1977 . �I � - . �. , - ._ _ '� / � �__.---------.. �.���CG�;`iS�/C� "�L-1i�e.Yr��� I, �harles��. Delaurenti , Mayor Approved as to form: C�� 1 � �� , �Lawxence J,. Warr�en;�-� City Attorney Date of Publication: November 25, 1977